The UK Supreme Court has declined to hear an appeal from Northern Ireland’s Department of Agriculture, Environment and Rural Affairs (DAERA) over the Islandmagee Gas Cavern Project. The case involves a marine construction license granted by DAERA to build a gas storage facility under Larne Lough in County Antrim, which would store up to 500 million cubic meters of gas. The challenge was brought by the environmental groups No Gas Caverns and Friends of the Earth Northern Ireland.
In June, the Northern Ireland Court of Appeal overturned the license, ruling that former DAERA Minister Edwin Poots had improperly granted the approval without consulting the Northern Ireland Executive Committee. The court argued that the project required cross-party approval, as outlined in the Northern Ireland Act 1998. The decision also referenced changes made by the Northern Ireland (St Andrews Agreement) Act 2006 and the Executive Committee (Functions) Act (Northern Ireland) 2020, which affect how decisions of this nature should be handled.
The appeal to the Supreme Court focused on the interpretation of what constitutes “cross-cutting, significant, and controversial” issues that must be referred to the Executive Committee. DAERA Minister Andrew Muir had indicated in a statement in July that the department would challenge the Court of Appeal’s ruling, arguing that it raised constitutional concerns that could affect how individual ministers make decisions.
In response, No Gas Caverns criticized Muir’s decision to bring the case to the Supreme Court, pointing out the apparent contradiction with the Alliance Party’s manifesto. The manifesto pledged to end oil and gas extraction, and Muir himself has called for a shift away from fossil fuels in response to the climate crisis. The group expressed dismay that Muir would continue to pursue the project, which they argue is harmful to the environment.
No Gas Caverns raised concerns that the underground gas storage facility could create a “dead zone” in the area, making it inhospitable to plant and animal life due to the toxic brine extracted to create the caverns. The group also argued that the project conflicts with Northern Ireland’s climate policy, which aims for net-zero emissions by 2050, as outlined in the Climate Change Act (Northern Ireland) 2022.
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