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Government backs down on drilling decision after legal action by seahorse charity

An organisation devoted to the welfare of seahorses has overturned a Government decision taken under regulations from “the dark ages” to allow drilling in the sea near Poole.

Neil Garrick-Maidment, founder of the Seahorse Trust, successfully took Business, Energy and Industrial Strategy Secretary Andrea Leadsom to judicial review, after which she conceded that the Offshore Petroleum Production and Pipelines (Assessment of Environmental Effects) Regulations 1999 are not fit for purpose.

The minister committed to a review of these and a public consultation will be held.

Susan Ring, a partner at Harrison Grant Solicitors, who acted for Mr Garrick-Maidment, said Ms Leadsom had also agreed to change the working practices of the Offshore Petroleum Regulator for Environment and Decommissioning.

The judicial review followed government agreement to an application by Corallian Energy to drill for oil in Poole Bay, in breach of the European Union’s Environmental Impact Assessment Directive.

Ms Ring said: “It has become clear in the course of these proceedings that environmental impact assessment of offshore oil projects is still in the dark ages (in contrast to the planning system generally) and the 1999 Regulations need urgent amendment to bring them into the 21st century.

“This may be because the oil drilling projects take place offshore so they are not generally visible to the public. In any event, the Government for a very long time has got away with failing to consult the public properly about these major projects and that now has to stop."

Mr Garrick-Maidment argued that the drilling application was not subject to a lawful transparent environment impact assessment process.

He said: “I am delighted with this result. There has never been a more important time to look at environmental protection and by winning this case it is a major step in making sure that environmental laws are abided by and more crucially fit for purpose.”

Harrison Grant said the Secretary of State and the Oil and Gas Authority permitted exploratory drilling near Studland Bay, a site for the spiny and short snouted seahorse breeding.

They did not publicise this nor publish information provided by Corallian Energy, and allowed drilling to begin in February 2019 with no potential objectors aware this had happened.

The case was backed by £12,000 raised from a Crowd Justice appeal.

Corallian Energy did not respond to a request for comment.

Mark Smulian