"Our own courts have failed" - Staffordshire mum to take fight for fresh air to European Court
The case relating to landfill pollution was rejected by the Supreme Court
A mum from Newcastle whose five-year-old son is impacted from a landfill site less than half-a-mile from her home is to take her legal fight against the Environment Agency to the European Court of Human Rights.
Rebecca Currie, who lives near Walleys Quarry in Silverdale, brought legal action against the regulator on behalf of her son Mathew Richards due to concerns over the impact of noxious gases his health, with doctors saying they are shortening his life.
Lawyers representing Mathew told the High Court in August that there is a "public health emergency" in the vicinity of the quarry, arguing that hydrogen sulphide emissions are affecting "hundreds and probably thousands of local people".
The court heard Mathew is a vulnerable child, born prematurely at 26 weeks with a chronic lung disease, and he needed oxygen support for 19 months.
From High Court to Supreme Court
In September, Mr Justice Fordham made a declaration that the Environment Agency (EA) "must implement" Public Health England's advice to reduce concentrations of hydrogen sulphide in the local area to one part per billion, less than an eighth of the level that can be smelled, by January 2022.
But, following a challenge by the Environment Agency, the Court of Appeal overturned that ruling in December and concluded the declaration "was neither justified nor necessary as there was no actual or proposed unlawfulness which called for a remedy".
Rebecca asked the Supreme Court to hear an appeal against that decision, but the court refused permission on Tuesday, saying the case does not raise an arguable point of law.
In a statement on Thursday, Rebecca said: "I feel that Mathew has been completely let down, first of all by the Environment Agency who are meant to protect us from dangers like poisoned air, and now by the legal system.
"Despite the High Court recognising the seriousness of this situation and telling the Environment Agency to do more to stop the scandal of a private company being able to pollute the air that we breathe, we are now back where we started.
"I am determined not to give up. The stink in our village continues and Mathew continues to be poorly.
"Seeing my child struggle to breathe, and blood pouring from his nose, I know every parent will understand that I have to continue to do all I can.
"This now means asking the European Court of Human Rights to step up where our own courts have failed."
Rebekah Carrier, of law firm Hopkin Murray Beskine, said: "The Supreme Court has missed the opportunity to clarify the correct approach to the regulation of environmental hazards.
"This is extremely disappointing for Mathew and his community, who seek to have the threat to Mathew's life taken seriously."
Reacting to the Supreme Court outcome, a spokesperson from the Environment Agency said: “Whilst we welcome the reasoned Judgment and the clarity it provides on the role of the Court in judicial review cases, we remain determined to tackle the problems at Walleys Quarry, as we have been all along.
“We will continue our work with the operator, the local authorities and all the other responsible bodies to bring emissions of hydrogen sulphide under control and ensure they remain so.”
What Walleys say
A spokesperson from Walleys Quarry Ltd provided Greatest Hits Radio News a statement which welcomed the outcome of the Supreme Court and judicial review.
“We have worked tirelessly from the outset with the EA in proposing to them and subsequently funding viable and innovative solutions to any genuine issues around the site." they said.
“We remain committed to working with the EA, continuing to lead on proposing solutions and play our active role in resolving any issues to the satisfaction of all parties.”
Investigation into alleged illegal waste activity
Just a few days after the ruling at the Supreme Court, the Environment Agency announced it had launched an investigation into alleged illegal waste activities at sites operated by Red Industries Limited, which is currently ongoing.
The regulator told Greatest Hits Radio at the time that "this comes after a period of increased regulation by the Environment Agency at Walleys Quarry Ltd, Newcastle under Lyme, where high levels of hydrogen sulphide have been causing issues for the community. Red Industries Limited is the parent company of Walleys Quarry Ltd."
“The Environment Agency is formally investigating Red Industries and their associated companies following new information provided to us of alleged illegal waste activities.
The operator Walleys Quarry Ltd responded in a statement saying it had "never received or disposed of hazardous waste in contravention of any regulations."
"Any allegations that it has ever done so are baseless and wrong. There are no grounds whatsoever for this investigation or the unprofessional way it has been publicised by the EA as a supposedly responsible regulator. Despite this, the company will co-operate fully with the EA investigation so the true facts can be established".