A new lawsuit has been filed against the HyNet carbon capture and storage (CCS) development in the North West of England.
Campaign group HyNot has filed a judicial review, arguing that the Secretary of State for Energy Security and Net Zero, along with the Oil and Gas Authority (OGA), failed to properly consider key environmental and safety risks when granting consent earlier this year.
The HyNet project involves repurposing natural gas pipelines and offshore undersea storage to transport and store carbon dioxide, alongside building new pipeline sections and drilling 13 wells. It is designed to capture emissions from a proposed blue hydrogen facility and industrial plants across the region.
Planning consent was granted on 17 March 2025 and OGA approval followed on 22 April — though both decisions were only made public on 24 April, with no direct notification to consultees. HyNot argues that the process was flawed and that the project risks locking the UK into continued reliance on fossil fuels.
Grounds for Judicial Review
HyNot’s claim sets out several areas where it says the government’s decisions were unlawful:
- Failure to assess the risk of major accidents and disasters, despite requirements under the 2020 Environmental Impact Regulations.
- Failure to assess the cumulative climate impacts of the wider HyNet scheme, including hydrogen production facilities.
- Failure to comply with habitat regulations, which require ruling out adverse effects on protected sites and species.
Relevant: Eni Gets Green Light for HyNet CO2 Pipeline Project
The group also highlights concerns from independent statutory advisers, including Natural England and the Joint Nature Conservation Committee, who warned of potential disturbance to threatened bird populations from vessel movements.
“HyNet North West make huge claims to be good for climate, jobs and the local economy,” said HyNot campaigner Nicky Crosby. “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.”
Leigh Day solicitor Rowan Smith, representing HyNot, said the legal challenge raises fundamental questions about whether regulators conducted an adequate assessment of risks before approving the project.
HyNot is seeking to quash the approvals and is crowdfunding to support its legal action.
Read more: Eni, UK Agree On Rules For The HyNet North West Project
