The Judge overseeing a judicial review against the marine licence for Larne Lough gas caverns has reserved judgement on the “complex” and “significant” case.
Justice Michael Humphreys was speaking after almost four days of submissions on behalf of No Gas Caverns community group, Friends of the Earth NI, Department for Agriculture, Environment and Rural Affairs and Islandmagee Energy.
No Gas Caverns and Friends of the Earth are seeking to have the marine licence DAERA granted the project quashed.
Read more: Court hears Edwin Poots had right to give go-ahead to gas storage project
It allows Harland & Wolff subsidiary Islandmagee Energy to solution mine seven gas caverns under Larne Lough using chemicals and pump the resulting hypersaline solution into the sea.
They argue it could hold 25% of the UK’s gas and create jobs.
Both the company and campaigners against the project say it will impact sea life in the discharge zone although they differ on their assessments.
But major concerns have been raised about cascading impacts on the food web, 11 Northern Ireland priority species including harbour porpoise and skate as well as birds that flock to nearby Isle of Muck nature reserve.
Leading the case against the licence, Barrister Conor Fegan highlighted how it will also lock Northern Ireland into fossil fuel gas up to 2070 and impact NI’s target to achieve net-zero emissions by 2050.
He also questioned suggestions the caverns could be used to store hydrogen, as this did not feature in the original planning application.
Mr Fegan described the case as “significant and controversial” and said the decision to grant the marine licence should have been taken by the Executive - not former DAERA Minister Edwin Poots alone.
Speaking to Northern Ireland’s energy policy, Mr Fegan told the court on Friday: “You have on the one hand some people arguing this isn’t consistent with climate change, see these parts of the policy.
“Then you have the notice party and others arguing, well it’s energy security - see that part of the policy.
“That’s where the significance and controversy comes in. You have conflicting views on the policy document.”
Speaking on behalf of DAERA on Wednesday, Tony McGleenan KC, submitted that amendments in the Executive Committee (Functions) Act (Northern Ireland) 2020, provided more scope.
“It goes to the need for a degree of latitude or margin being afforded to the decision makers,” he said.
“That’s a key change and it was done to prevent the Executive Committee referral point being weaponised to stall, disrupt and prevent decision-making in planning processes.”
David Elvin KC spoke on behalf of Islandmagee Energy on Thursday.
Addressing adverse effects from the discharge as outlined in the project’s environmental assessment, he said “immobile species are most likely to be affected” and that it’s “unlikely to affect mammals because they can swim in and swim out of the area affected quite quickly”.
“It may undermine the conservation objective as is set out in the middle of [court document] 274 (environmental assessment).”
He argued the area impacted would be much smaller than the foraging area used by harbour porpoise “which is 400 square kilometres”.
“In the absence of mitigation there is a risk to integrity,” he continued.
“Based on a mitigated impact zone there is not a significant risk to the features of any UK national network site.
“While benthic habitats within 100 metres will be significantly impacted by the brine effluent they do not form part of the qualifying interests of the designated sites.”
Calling the judicial review to a close on Friday, Justice Humphreys thanked representatives for their “considerable efforts and expertise in navigating through this complex field”.
“There’s an awful lot of material that obviously needs to be considered and digested,” he added.
“As Mr Fegan said ‘hard cases sometimes make bad law’. Let’s hope that I’m not responsible for making any bad law in this case.
“But I do recognise that it’s a hard case and it’s a significant case if not necessarily from within the meaning of the Northern Ireland Act, certainly within the contemplation of a number of interest groups, both commercial, environmental and otherwise.
“I will obviously reserve my judgement.
“I’m conscious that it may take me some little time to write the judgement but I will endeavour to do it as soon as humanly possible.
“The parties will be notified when it’s ready. Thank you all again for your industry.”
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