Fracking on trial verdict

An envi­ron­men­tal activist who climbed a drilling rig in a protest against frack­ing in Decem­ber last year was today found guilty under the Crim­i­nal Jus­tice and Pub­lic Order Act at Pre­ston Mag­is­trates Court. She was ordered to pay a £250 fine and £750 costs.

An envi­ron­men­tal activist who climbed a drilling rig in a protest against frack­ing in Decem­ber last year was today found guilty under the Crim­i­nal Jus­tice and Pub­lic Order Act at Pre­ston Mag­is­trates Court. She was ordered to pay a £250 fine and £750 costs.

Yes­ter­day two oth­er defen­dants were cleared of charges of aggra­vat­ed tres­pass as part of the same court case. (1)

On 1 Decem­ber 2011, pro­tes­tors from Bris­tol Ris­ing Tide occu­pied the test drilling rig, at Cuadrilla Resource’s Hes­keth Bank site, Lan­cashire, shut­ting it down for 13 hours. (2) (3)

Dur­ing the tri­al, it emerged that Cuadrilla had con­tin­ued drilling for two months after their plan­ning per­mis­sion had expired.

In her final sub­mis­sion, the defence bar­ris­ter, Far­raht Arshad said of her client:
“As a con­cerned cit­i­zen no oth­er avenues were open to her.”

She jus­ti­fied this state­ment by the evi­dence giv­en in the tri­al by DECC (4) and Lan­cashire Coun­ty Coun­cil. DECC, the licenc­ing author­i­ty, uses the off-shore oil reg­u­la­tions to licence on-shore frack­ing oper­a­tions and
stat­ed that they are not inter­est­ed in polic­ing breach­es of envi­ron­men­tal law which is the job of the local plan­ning author­i­ty and the Envi­ron­ment Agency.

The local coun­cil plan­ning offi­cer made it clear in his evi­dence that he only had lim­it­ed resources and few pow­ers to police devel­op­ers. The gen­er­al expec­ta­tion from these reg­u­la­tors is that com­pa­nies will reg­u­late
them­selves.

It was clear­ly estab­lished dur­ing tri­al that Cuadrilla Resources had flout­ed the peri­od of their plan­ning per­mis­sion by two months, and had failed to com­ply with their own method state­ment relat­ed to the pro­tec­tion
of birdlife from the near­by Site of Spe­cial Sci­en­tif­ic Inter­est. As a result they were poten­tial­ly in breach of the Wildlife and Coun­try­side Act. Nei­ther DECC nor the local coun­cil appeared to be con­cerned about tak­ing action to pre­vent this crime.

Despite these facts, Judge Ward reject­ed the defence’s argu­ment that the activists were pre­vent­ing a crime.

The con­vict­ed activist said:
“This ver­dict con­firms my view that the reg­u­la­to­ry author­i­ties are hope­less­ly inad­e­quate at their job and don’t have the pro­tec­tion of the envi­ron­ment as a pri­or­i­ty. Com­pa­nies like Cuadrilla are allowed to flout their oblig­a­tions with impuni­ty, while con­cerned cit­i­zens are crim­i­nalised.”

Hydraulic frac­tur­ing is a method of extract­ing gas in shale rock. Huge amounts of water mixed with tox­ic chem­i­cals are forced into the ground at high pres­sure, a large pro­por­tion of which are nev­er recov­ered. In the
Unit­ed States numer­ous spills of these flu­ids have con­t­a­m­i­nat­ed irri­ga­tion water, affect­ing food sup­plies, and the health of sur­round­ing com­mu­ni­ties. (5) (6) (7)

There are twelve licens­es to frack for shale gas in the UK, five of which are held by Cuadrilla resources in Lan­cashire. (8)

*Notes*

1. To have com­mit­ted the offence of aggra­vat­ed tres­pass (sec­tion 68 Crim­i­nal Jus­tice and Pub­lic Order Act 1994) it need­ed to be shown that the defen­dants had:
* Tak­en dis­rup­tive action beyond just tres­pass­ing on pri­vate prop­er­ty. The pros­e­cu­tion failed on this first point.
* Dis­rupt­ed a law­ful activ­i­ty, in this case the drilling oper­a­tions of Cuadrilla.

2.  http://www.guardian.co.uk/uk/the-northerner/2011/dec/01/fracking-lancashire-hesketh-bank-cuadrilla

3. Pho­tos of the action are avail­able at:  https://secure.flickr.com/photos/71113300@N08/

4. DECC – Depart­ment of Ener­gy and Cli­mate Change is the licenc­ing author­i­ty for frack­ing oper­a­tions and all fos­sil fuel exploita­tion in the UK.

5. ‘Cracks in the Façade: EPA Traced Pol­lu­tion of Under­ground Water Sup­ply to Hydraulic Frac­tur­ing’ (Aug 2011 – EWG)
 http://static.ewg.org/reports/2011/fracking/cracks_in_the_facade.pdf

6. ‘Methane con­t­a­m­i­na­tion of drink­ing water accom­pa­ny­ing gas-well drilling and hydraulic frac­tur­ing’ (May 2011 – Duke)
 http://www.nicholas.duke.edu/cgc/pnas2011.pdf

7. ‘Shale gas: a pro­vi­sion­al assess­ment of cli­mate change and envi­ron­men­tal impacts’ (Jan 2011 – Tyn­dall Cen­tre)
 http://www.tyndall.ac.uk/sites/default/files/coop_shale_gas_report_final_200111.pdf

8.  http://frack-off.org.uk/new-homepage/bad-guys/locations/

*For more infor­ma­tion see:*

www.risingtide.org.uk
www.frack-off.org.uk
www.frackingontrial.org