Walleys Quarry: Regulator says they're 'doing everything they can' as child's human rights affected
A judge has ruled that the landfill fumes are impacting a child's life
Last updated 7th Oct 2021
The Environment Agency tasked with reducing fumes at a landfill site in Staffordshire says they're determined to solve the problem, despite losing a High Court case last month.
The case was brought against the regulator by Rebecca Currie, who claimed they were not controlling emissions well enough, and that the fumes were a breach of her son's human rights.
5-year-old Mathew Richards, who lives close to the landfill site, was born with a chronic lung disease.
Lawyers representing the boy said the hydrogen sulphide emissions had worsened his underlying health issues, after a doctor confirmed the fumes were reducing his life span.
Not enough being done
The High Court judge ruled in favour of the child and the village of Silverdale, stating that the Environment Agency were not doing everything they could to control the noxious gas.
Mr Justice Fordham said: "I have made clear that I am not satisfied, on the evidence, that the EA has yet addressed its legal duties in the way that it must."
"There is an obvious and pressing public interest imperative that it must do so, as a matter of urgency. It is well able to do so"
The Environment Agency is pursuing further legal action after appealing to aspects of the High Court judgement issued by Mr Justice Fordham.
A matter of law, not commitment
Area director for the Environment Agency, Clare Dinnis, says they're appealing the judgement that they were not maximising their efforts to control the issue.
She says her agency is still totally committed to solving the problem of reducing the noxious gas fumes:
“Nothing about the judgement or about our response to the judgement is changing or stopping us doing everything that we can and that we need to do.
Nothing has changed in terms of those legal duties. It means we don't have any powers now that we didn't have before, hence we can't do anything different.
Clare added:
"Every single power that we have, which is right to be used on this site, which will make a difference and is making a difference to the operation of this site, we are using.
We are just as convinced and just as determined that we need to take action, that Walleys Quarry needs to take action, to resolve the issues on site.”
The public's response
Despite the regulator's efforts, further frustration has mounted in the community, with members of the Silverdale public arguing that not enough change is being made.
Protestors are continuing to demonstrate through the week, and plan on moving to London to march on Parliament on 25 October.
The local community is also holding a picnic day on Sunday 10 October in protest of the Environment Agency not yet solving the issue and to celebrate the High Court win.