Stop this fake carbon capture project locking-in fossil fuels
Stop this fake carbon capture project locking-in fossil fuels
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Latest: Oct. 7, 2024
Surge of fossil fuel lobbying on CCS revealed
Dear Supporters
Thank you to the many people who supported this campaign over the weekend since the very disappointing decision by the Government to announce a 25-year programme of investment into car…
Read moreThe fake Net Zero project
This case is about Net Zero Teesside Power (NZTP) - a gas fired electricity plant in Teesside.
Is Net Zero Teesside helping the UK to deliver Net Zero?
Not when the plans from the previous UK Government would lock gas use in Teesside for many years for generating electricity and producing blue hydrogen until past 2050.
The High Court is hearing my legal case on the strange “Net Zero” project which is not Net Zero at all, on July 23rd and 24th.
After I challenged the original carbon figures, the Government say NZTP would emit at least 20 million tonnes of carbon pollution over 25 years (see Guardian article). However, recent work from Carbon Tracker estimates the total emissions could be up to 40 million tonnes of carbon.
“I am taking this challenge to the £4 billion Net Zero Teesside Power (NZTP) joint venture from fossil giants, BP and Equinor, because my forensic review of the carbon footprint calculations shows this power plant, and others like it planned, is not consistent with the UK meeting its carbon budgets and international climate obligations.” Dr Andrew Boswell
Wider links to CCUS, blue hydrogen and Liquidified Natural Gas (LNG)
NZTP is also the springboard for a massive build out of untried technologies in Teesside including Carbon Capture and Storage and blue Hydrogen, all fuelled by imports of Liquefied Natural Gas (LNG). Scientists are concerned that technologies like these do not provide a solution of the climate crisis but lock us in to fossil fuel usage for decades, and come with their own massive carbon footprint (see, Anderson/Oldridge: Warning: the UK government’s hydrogen plan isn’t green at all, it’s another oil industry swindle, Howarth: LNG Carries 2.7x the Climate Impact of Coal, Howarth Warns, as U.S. Pauses Approvals).
This legal case therefore also raises issues about the carbon deceptions in the UK Government’s Carbon Capture Usage and Storage (CCUS) programme and follow-on developments such as blue hydrogen and increased LNG imports that it is built upon.
Carbon footprint deceptions
This plant uses carbon capture doesn’t it, so that’s OK isn’t it? No, carbon capture is not a well-proven technology. It has only been applied at a scale a few times, and no plant has ever achieved 90% carbon capture – NZT claim that they could reach 95% capture.
(Graph from https://ieefa.org/sites/default/files/2024-03/CCSpresentation4-MPCMarch24_CK.pdf - a recent review of CCS rates around the world)
However, exaggerated CCS rates is not the biggest problem. Methane is.
The most signifiant carbon footprint comes from methane and other upstream emissions in the supply of the gas. Methane is a dangerously potent greenhouse gas. The UK is importing Liquefied Natural Gas (LNG) increasingly (including at Teesside) and methane leaks to the atmosphere in many places in the supply chain including at extraction, liquefication, transporting, and re-gasification stages.
Although these upstream methane emissions are the biggest climate impact from the NZTP project, the companies did not initially declare them to the planning inspectors. Carbon Tracker estimates the total emissions to be 20 to 40 million tonnes of carbon (as below).
Hiding methane: the double counting error
NZTP initially only described the unabated combustion emissions (left hand column in graph above, "initial submission"). At the planning examination, I raised concerns and the companies acknowledged they recalculkate with upstream emissions included. But they then double-counted the carbon capture emissions which masked the methane impacts. BP and Equinor formally denied this three times to the Government, but the Government later agreed with me (My submission, Denial letter 1, Denial letter 2, My second submission, Denial letter 3).
“Methane is a powerful and deadly greenhouse gas which, along with carbon dioxide, is driving global heating.” Dr Andrew Boswell
Although the final emissions are staggeringly high, the previous Government minister Claire Coutinho approved the scheme anyway. The legal challenge is that the minister approved the scheme despite knowing it would undermine UK climate goals.
(Note, the 21MtCO2 final figure above is lower than the real impacts in the Carbon Tracker report, and graph above, as it is based upon Governmet emission factors which underestimate future impacts, see Carbon Tracker report for more).
Legal grounds summary
My lawyers (see their press releases for more detail, May 13th and July 18th) have found potential legal flaws in the decision making including:
- inadequate reasoning to conclude that NZTP will help deliver the Government’s net zero commitment by 2050;
- a demonstrable flaw in the reasoning of the approval when the Secretary of State assessed NZTP as having significant adverse climate effects but went on to find that the development “will help deliver the Government’s net zero commitment”;
- The Secretary of State did not reach her own view on the need for the development despite being required to do so.
“Analysis from our client shows that the operational emissions of the power plant will hinder rather than help the delivery the Government’s net zero commitment and decarbonisation of the power sector. Despite this, the Government has still gone ahead with its decision to grant a development consent order for the project. We now look forward to taking these arguments and the revised carbon emissions calculations to the High Court later this year.” Leigh Day solicitor Rowan Smith
What about the wider implications of UK CCUS, LNG, gas-CCS and blue hydrogen policy?
Several similar gas power plants are planned in Teesside, the Humber, and Scotland. Keeping these plants operational would require more LNG imports, resulting in more methane emissions, contrary to the commitments made at COP26 in Glasgow. Blue hydrogen which also uses LNG is integrated into plans for CCUS, like at Teesside: blue hydrogen plants also come with similar large carbon footprints not consistent with Net Zero. Such reliance on imported LNG also threatens UK energy security and independence.
(Map from Net Zero Teeside map)
"The new Labour Government has the opportunity to stop investing in questionable fossil fuel CCS projects like NZTP, and prioritise renewables, energy storage, efficiency, demand side response measures, and demand reduction instead. They should grasp these sustainable solutions for meeting net zero targets and securing a sustainable energy future." Dr Andrew Boswell
What happens next?
I instructed experienced lawyers at Leigh Day. They and my barristers, Catherine Dobson, Alex Shattock and Isabella Buono, have secured the High Court hearing with the generous support of Dale Vince of Ecotricity to reach this stage. My legal team have very generously agreed to work for a discounted fee, but I still need to build up a fighting fund of £10,000 for preparing and arguing the detailed arguments at Court, adverse costs and any further hearings or appeal if necessary. Please help me raise these funds by supporting this vital legal case with a donation now, and please share widely (on Facebook, X/twitter).
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Dr Andrew Boswell
Oct. 7, 2024
Surge of fossil fuel lobbying on CCS revealed
Dear Supporters
Thank you to the many people who supported this campaign over the weekend since the very disappointing decision by the Government to announce a 25-year programme of investment into carbon capture. This is more like capture of the UK Government by the fossil fuel industry and people are deeply angry - you can keep supporting to the work of my legal team here.
And today the Guardian and DeSmog have revealed that Keir Starmer's and Ed Miliband's decision £22bn carbon capture pledge follows surge in lobbying by fossil fuel industry into the heart of Whitehall and Westminster. The new Government may claim to be better than the previous one for new oil and gas licencing, but with Friday's announcement they are locking in importing increasing amounts of Liquified Natural Gas (LNG) from around the world, including US fracking facilities, to the UK. This is much more damaging as it will contribute to rising methane, a very dangerous greenhouse gas, as explained in the animation below.
Remember, no final investment decision (FID) has been taken on NZT, the gas-CCS plant in my legal case, and most likely can't be whilst we are still in Court. So please keep supporting and donating to this case if you can.
See what people have said about this over the weekend, and please repost if you can
- "This is absolute madness". George Monbiot
- CCS is tech with "lowest potential and highest costs". Charlie Gardner
- "government has chosen to ignore the science ". Fossil Free Parliament
- Me on the legal case
- Please Donate. Any amount helps to cover the legals costs for going to the Appeal Court.-
- Follow Us. Support the Not Zero Teesside campaign on our social media channels Facebook, Instagram
- Follow me, Andrew Boswell on twitter here.
Thank you for standing with me. Together we can send a powerful message. This fossil fuel lobbying for these climate wrecking plants will be solidly opposed and stopped. My legal case is a vital part of that.
Thanks for donating if you can.
PS: not for the faint-hearted my Written Submission to the planning examination for the follow-on blue hydrogen plant in Teesside bp's H2Teesside submitted last week.
Dr Andrew Boswell
Oct. 4, 2024
Ed Miliband kickstarts UK "methane bomb" CCS industry - help me stop him
Dear supporters
It is very disappointing that Ed Miliband has today kickstarted a "methane bomb" CCS industry, see report today in the Guardian. Here's my statement on the announcement.
This is very bad news as it means that this new Government is just carrying on being deeply influenced by fossil fuel lobbyists as the last Conservative government was.
We hoped for more from Ed Miliband. He has literally cast away any claim to UK climate leadership with this massive give away to the fossil fuel industry.
However, there is actually no real investment decision behind this announcement - the final investment decision (FID) has still not been taken on NZT, the gas-CCS plant in my legal case. It can't be taken when the planning decision is still in the Courts. So it is very important to keep supporting my legal case - we are appealing against the planning decision which tried to allow this project which would bust Net Zero to procede. Please donate twhatever you can to the legal costs of appeal here.
This is what people have been saying today on the investmenr decsion - please repost if you can
- "This is absolute madness". George Monbiot
- CCS is tech with "lowest potential and highest costs". Charlie Gardner
- "government has chosen to ignore the science ". Fossil Free Parliament
- "Yes, and the sad irony of it.". Me on kickstart a methane bomb industry the same week as UK close 400 years of coal
For anyone who follows the technical side. Last night, I submitted my Written Submission to the planning examination for the follow-on blue hydrogen plant in Teesside bp's H2Teesside. The submission clearly shows how the carbon emissions in carbon capture and storage are hugely underestimated, and how the Governmenr are ignoring the science.
- Please Donate. Any amount helps to cover the legals costs for going to the Appeal Court.-
Follow Us. Support the Not Zero Teesside campaign on our social media channels Facebook, Instagram
Follow me, Andrew Boswell on twitter here.
Thank you for standing with me. Together we can send a powerful message. These climate wrecking plants will be solidly opposed and stopped. My legal case is a vital part of that.
Thanks for donating if you can.
Dr Andrew Boswell
Sept. 25, 2024
BREAKING NEWS: Permission granted to go to Court of Appeal
BREAKING NEWS: Today Lord Justice Lewison has given me permission to go to a full Court of Appeal hearing. His Court Order says the grounds of appeal "have a real chance of success". Carbon capture and storage (CCS) projects which burn gas like Net Zero Teesside are extremely damaging to the climate due to the high levels of methane which escape into the atmosphere, as explained in the animation below. Getting an appeal court hearing is tremendous news for the campaign to stop the Government investing in climate damaging carbon capture and storage (CCS) projects. Thank you for your support so far, and please donate to support me taking the next step in this challenge.
Also in news today, the Guardian reports that climate scientists are calling on Labour to pause £1bn plans for carbon capture.
Read the letter from the scientists here. It highlights that how real climate impacts from upstream methane emissions from projects like NZT are not being properly accounted for in UK energy policy. Our legal case has thrown a spotlight on how ministers have been prepared to ignore the huge climate impacts of NZT to meet the demands the fossil fuel interests. Our animation below shows how if the NZT project goes ahead it will drive up methane emissions even higher in the future. Please support the appeal case here.
Methane is a deadly greenhouse gas which is rapidly destabilising the climate whilst recent research has shown that levels of methane in the atmosphere have soared by record-breaking amounts since 2020. Our legal case has thrown, and continues to throw, a spotlight on how ministers have been prepared to ignore the huge climate impacts of NZT to meet the demands the fossil fuel interests. Please donate whatever you can to the appeal.
- Please Donate. Any amount helps to cover the legals costs for going to the Appeal Court.
- Follow Us. Support the Not Zero Teesside campaign on our social media channels Facebook, Instagram
Thank you for standing with me. Together we can send a powerful message: we will stop this fake carbon capture project locking-in fossil fuels.
Dr Andrew Boswell
Sept. 9, 2024
We are going to appeal
On July 23rd/24th, my case challenging the Net Zero Teesside (NZT) project was heard in the High Court before Mrs. Justice Lieven. Very disappointingly, she ruled against us. However, in some glimmer of hope, she did give permission on some of the grounds, meaning that they were legally arguable.
My lawyers at Leigh Day and I consider the judgment was wrong on several counts. Following their guidance, I have taken the critical step of applying for permission to appeal the judgement.
It is deeply alarming that the judge found no legal error with the Government determining the significance of the very large greenhouse gases (GHGs) from the NZT project on the basis of national policy rather than by a properly argued (and "reasoned conclusion") process of environmental assessment.
If left unchallenged, this could allow ministers to avoid environmental impact assessment in planning through policy making. This is exactly what has happened with Net Zero Teesside, where planning was granted despite the project’s massive carbon footprint.
There is no case law to support this reckless and risky approach. In fact, it goes against the recent landmark Finch case at the Supreme Court, which states that climate impacts should be addressed by environmental impact assessment (EIA) in planning and cannot be dictated by national policy.
Watch this animation which explains the wider issues with the NZT project:
https://tinyurl.com/NZT-Animation
We need your support now more than ever for these urgent reasons:
- NZT would significantly increase the UK’s carbon emissions
- NZT is a gateway for further dangerous projects, including blue hydrogen production and increased UK Liquified Natural Gas (LNG) imports, all of which will drive up emissions and push us further from our Net Zero goals
- The High Court's ruling goes against the recent Finch judgment, which set a vital precedent at the Supreme Court.
- We must hold the government to account to ensure that proper environmental assessments are carried out, especially when the stakes are this high.
This decision is a legacy of the previous Government's policy. We now have an opportunity to persuade the new Government that this investment would be folly, given the climate and other impacts of these unproven technologies, and that they should review Carbon Capture, Utilisation, and Storage (CCUS) and hydrogen programmes.
We are standing at a pivotal moment for our planet. I urge you to support this appeal in any way you can.
- Donate
Any amount helps to cover our legal costs.
- Share
Spread the word with your friends, family and colleagues by sending them this update.
- Follow
Support us on our social media channels Facebook, Instagram and X.
Thank you for standing with me. Together we can send a powerful message: we will stop this fake carbon capture project locking-in fossil fuels.
Andrew
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