Fracking in the UK: Energy Security, Environmental Risk and the Law

The UK’s Energy Landscape

Gas supplies nearly two-thirds of domestic energy in the UK. Offshore production has declined since 2000, and by 2018 the UK shifted from being a net exporter to importing more than half of its gas. This exposes the country to global market forces.

Russia’s invasion of Ukraine and subsequent sanctions disrupted international gas flows. As Europe moved away from Russian gas, wholesale prices surged. The debate over fracking resurfaced as part of the UK’s search for energy security.

What Is Fracking?

Fracking, short for hydraulic fracturing, extracts gas from shale rock.

The process involves:

• Drilling a vertical well between 1 and 2.5 miles deep, encased in steel or cement
• Drilling a horizontal well into the shale layer
• Injecting water mixed with chemicals at high pressure
• Forcing rock along fault lines to release gas

The gas then permeates upwards and is collected.

Pros and Cons of Fracking

Concerns and risks

The British Geological Survey’s latest report states that forecasting large earthquakes remains a scientific challenge. Seismic shocks caused by rock movement are a major concern.

Environmental risks include:

• Water contamination from poor site management
• Water shortages, as each well requires 10 to 15 million litres
• Ecological damage and industrialisation of rural areas
• Conflict with the UK’s Net Zero Strategy 2021 and commitments under the Glasgow Climate Pact at COP26

Potential benefits

Supporters highlight:

• £100,000 in community benefits
• Job creation
• 1% of production revenues paid to local communities
• Increased national gas reserves

The BGS once estimated 1300 trillion cubic feet of shale gas in northern England. This figure has since been challenged, with revised estimates suggesting just over 2 years of supply.

Fracking is also described as an established practice, with 2100 onshore wells already drilled in the UK.

Limitations

Exploration takes 2 to 6 months. Production takes 6 months to 2 years. Fracking cannot increase domestic supply quickly.

Private operators sell gas at market rates, so fracking would not reduce consumer energy bills.

Current Regulations

The Department for Business, Energy and Industrial Strategy has set out a regulatory roadmap requiring extensive safety checks before drilling.

Key legislation and regulators include:

Infrastructure Act 2015

Operators must meet statutory conditions before exploratory drilling.

Onshore Hydraulic Fracturing Regulations 2016

These regulations prohibit fracking in:

• National Parks
• Areas of Outstanding Natural Beauty
• World Heritage Sites

Oil and Gas Authority (OGA)

The OGA licenses exploration and development. Companies must obtain a Petroleum Exploration and Development Licence.

If hydraulic fracturing is proposed, operators must submit:

• Geological studies assessing seismic risk
• A Hydraulic Fracture Plan outlining control and monitoring measures

The OGA and Environment Agency must approve the plan.

Environment Agency (EA)

EA permits cover:

• Protection of water sources
• Treatment and disposal of mining waste
• Management of naturally occurring radioactive materials

Health and Safety Executive (HSE)

The HSE reviews construction and operational plans.

Local authorities and landowners

Operators need planning permission and landowner consent.

Legal Implications

The UK has a detailed legal framework governing shale gas exploration. However, proposed changes over recent years indicate political interest in relaxing planning laws.

Planning Act 2008

Introduced development consent orders for Nationally Significant Infrastructure Projects. In 2018, the government proposed including shale gas production within NSIP. Critics argued this would bypass democratic planning processes. Consultation concluded the proposal was premature.

Permitted development

The government previously considered classifying fracking as permitted development to speed up planning approval. This was not adopted.

Trespass law change (2014)

The law was amended to remove the requirement for fracking companies to notify homeowners when drilling under their properties.

Future legal challenges

If any government revisits fracking policy, changes to the legal framework may follow. This could trigger litigation from:

• Individuals
• Community groups
• NGOs
• Businesses

Likely claims include:

• Planning disputes
• Environmental damage
• Pollution
• Habitat destruction
• Climate impact

Fracking sits at the intersection of energy policy, environmental protection and administrative law. Any shift in policy will generate significant legal activity.