Legal challenge launched over development consent order for carbon capture facility in North West

In its application for judicial review, HyNot claim the Secretary of State and the Oil and Gas Authority (OSA)’s decisions to grant permission for the HyNet development “failed to properly assess the risk of major accidents, as well as the impacts on climate change”. 

The development proposes to repurpose existing natural gas pipelines and offshore undersea storage in order to transport and store carbon dioxide.

The development is set to involve new sections of pipeline also being constructed, as well as the drilling of 13 wells.

Plans for the carbon capture pipeline and storage development underwent environmental assessment in 2024, and on 17 March 2025 were given the green light by the Secretary of State.

Consent was then granted by the Oil and Gas Authority (OGA) on 22 April, a decision which the campaign group is also challenging in its judicial review.  

According to Leigh Day, representing the claimants, the decisions were only made public on 24 April, and consultees were “not specifically notified of the publication”. 

HyNot contend there are “several flaws” in the decisions by the Secretary of State and OGA to grant development consent. The grounds of challenge are:

• There was a failure to assess major accidents and disasters, and/or a failure to carry out a lawful public consultation. 
• There was a failure to assess the cumulative effects of the whole HyNet project on the climate. 
• There was a failure to comply with the requirements of the Offshore Petroleum Activities (Conservation of Habitats) Regulations 2001, and the Conservation of Offshore Marine Habitats and Species Regulations 2017.  

The campaign group point to requirements under the 2020 Environmental Impact Regulations to assess and consider risks from major accidents and disasters, even if the risk of such an event occurring is low.  

The group also contend that the cumulative impact of the whole project (including the other planned developments) should have been assessed, but that the Secretary of State and OGA failed to assess the hydrogen production elements of the project.  

Nicky Crosby from the HyNot campaign said: “HyNet North West make huge claims to be good for climate, jobs and the local economy. The HyNot group believe that the massive subsidies, from taxpayers and our future energy bills, mean it is only good for the fossil fuel companies involved. We think the project will leave us with risks around safety, a dependence on imported gas, weakened energy security, and a burning planet.” 

Leigh Day solicitor Rowan Smith, who represents HyNot, said: “Our client has raised a number of concerns over whether the environmental assessment of the HyNet carbon capture development was adequate. Environmental regulations clearly lay out the need for thorough assessments of the risk of major incidents, the impact on climate change, and effects on protected species. Given the relatively untested nature of carbon capture and storage, our client believes that there was a heightened need for proper assessment of the potential environmental downsides to the project before consent was granted.” 

The Oil and Gas Authority, now the North Sea Transition Authority, and the Secretary of State declined to comment given the ongoing legal proceedings.

Lottie Winson