Appeal lodged after High Court rejects HyNet judicial review
Environmental campaign group HyNot has lodged an appeal after the High Court refused permission to seek a judicial review of the government’s decision to approve the HyNet carbon capture and storage (CCS) project in Liverpool Bay.
The group’s original application, submitted on 21 August, alleged that decisions by the Secretary of State for Energy Security and Net Zero and the North Sea Transition Authority to grant development consent were unlawful.
The grounds included a failure to properly assess accident risks, to conduct a lawful public consultation, to comply with habitat regulations, and to evaluate the cumulative effects of the project on climate change.
At the High Court on 8 October, Mr Justice Saini dismissed the claim, ruling that HyNot’s application was “not prompt” despite the government decision only being made public six weeks after it was taken.
In its appeal, HyNot argues that the court did not adequately consider its case that the government failed to assess the full environmental impact of the HyNet scheme, particularly greenhouse gas emissions linked to its blue hydrogen production, and did not carry out a fair public consultation.
HyNot spokesperson Nicky Crosby said: “The judge’s decision means that dubious claims about HyNet being good for our region and the climate will not face scrutiny in a full hearing. The judgement that we were not prompt in filing our application is particularly vexing as the decision was not disclosed until six weeks after it was taken and there was no way we could know about it.”
She added that the group believes “safety risks for local communities and nature, increased dependence on imported gas and negative effects on the climate are being downplayed or ignored”.
Fellow campaigner Drew Bellis said: “We are appealing the High Court ruling because we are confident that if the public was fully aware of the huge threats that HyNet poses to the climate and the environment, it would agree that the scheme should be stopped.”
HyNot is represented by law firm Leigh Day and is crowdfunding for legal costs.
The HyNet project aims to capture carbon emissions from heavy industry and hydrogen production at the Stanlow refinery in Cheshire, piping the captured CO₂ along the North Wales coast, including sections running through Flintshire, to be stored beneath Liverpool Bay.
In Flintshire, HyNet includes plans for a CO₂ pipeline connection to the Heidelberg Materials cement works in Padeswood, and local construction is expected to generate hundreds of skilled jobs.
However, environmental assessments and campaigners have raised concerns over potential disruption to local habitats and communities, particularly in coastal areas near Gronant where underground cabling is planned.
Supporters of the project say HyNet will help decarbonise industry and secure future employment in North Wales, while opponents warn it risks locking the region into continued fossil fuel dependence under the guise of carbon reduction.
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