The High Court (Holgate J) has refused permission in R (o.a.o. Andrews) v SSBEIS and SSHCLG (CO/3256/2018), a claim for judicial review of the Government’s decision to issue a written ministerial statement on fracking on 17 May 2018 (“the WMS”).

The Claimant alleged that the Government had unlawfully (i) failed to undertake strategic environmental assessment (“SEA”) of the WMS and (ii) failed to consult on the WMS. A third ground of challenge alleged irrationality and an unlawful lack of clarity in the policy set out in the WMS. The Court held that all three grounds of challenge were unarguable.

Rupert Warren QC and Heather Sargent acted for the Secretaries of State.

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