Government urged to urgently strengthen fracking moratorium

Friends of the Earth lawyers have written to Energy Secretary Ed Miliband urging him to close a loophole in the current fracking moratorium “as a matter of urgency”.

The current moratorium was introduced in 2019 following local communities’ sustained opposition to fracking, and as a consequence of the 2.9ML earthquake which was triggered at Preston New Road in Lancashire by fracking operations.

However, the moratorium does not include all types of fracking, only so-called “high volume” fracking. It does not cover a lower-volume form of fracking known as “proppant squeeze” – which involves injecting a fluid and proppant (a granular substance like sand) into the rock formation at high pressure, in order to fracture the rock.

The North Sea Transition Authority (formally known as the Oil and Gas Authority) has previously stated that “it is not yet possible to accurately predict the seismic response to hydraulic fracturing, if any, in relation to variables such as site characteristics, fluid volume, rate or pressure”. Therefore, Friends of the Earth says that using a lower volume of fluid cannot be taken to mean that there is no risk of earthquakes or seismic events.

Proppant squeeze is a technique Europa Oil and Gas Ltd wants to use to explore for and monitor gas to the south of Burniston, North Yorkshire. The planning application is being considered by North Yorkshire Council and is likely to be decided on later this year.

Last week,  Friends of the Earth wrote to North Yorkshire Council notifying them of the expert legal opinion it had obtained from one of the country’s leading barristers. Estelle Dehon KC – who was named Barrister of the Year at the Lawyer Awards 2025 – says that “proppant squeeze” qualifies as fracking under relevant planning policy. And that it must be considered as such when the council considers Europa’s application for planning permission.

Friends of the Earth says having different definitions for fracking is creating confusion, and that the moratorium must be widened to cover all types of fracking, regardless of the volume of the injected fluid.

The call for the fracking ban to be extended to include “proppant squeeze” is also supported by Alison Hume, the MP for Scarborough and Whitby, who’s constituency includes Burniston.

Ms Hume also opposes Europa’s planning application, as does local community group Frack Free Coastal Communities, which has launched a petition calling on the government to ban so-called “small-scale fracking” for onshore oil and gas.

Friends of the Earth’s senior lawyer, Katie de Kauwe, said:

“The UK government has repeatedly pledged its opposition to fracking – now it must back that up by closing the gaping loophole that currently exists. If it doesn’t, developers will exploit it and push for new fracking developments, regardless of the opposition of local people. Europa’s application in Burniston, North Yorkshire is a textbook example of this.

“This proposal has also highlighted the confusion caused by the different definitions of fracking in national planning policy and UK legislation. Plus, it’s concerning that the company is using a ministerial statement, which we believe is misleading and inaccurate, to support its application. We have written to the Secretary of State to raise this.

“If the government is serious about listening to local people and ending fracking, it must strengthen the moratorium to cover all forms of the technique - regardless of size, method, or name."

Burniston resident and retired headteacher, Jenny Hartley, who’s on the steering group for Frack Free Coastal Communities, said:

"The government must end the confusion over fracking by strengthening its weak moratorium. If it doesn’t, more communities like Burniston will be at risk. Across the UK, the message is loud and clear: no to fracking. Mr Miliband must act.”

ENDS

Notes:

1. A copy of the letter is here: Letter to the Secretary of State on the fracking moratorium | Friends of the Earth
2. Friends of the Earth wrote to North Yorkshire Council earlier this month with a legal opinion from one of the UK’s top environmental barristers which said that the planning application by Europa Oil and Gas Ltd must be considered as fracking under planning policy.
3. “Proppant squeeze” is a form of low-volume hydraulic fracturing, meaning the volume of liquid injected to break apart the rock in order to explore for/release the fossil fuel in question is lower. According to the Campaign to Protect Rural England’s (CPRE) article from October 2024, for example, the “proppant squeeze” involves the injection of “fluid and proppant, such as sand, into the surrounding rocks. The fracking moratorium only covers fracking projects which involve the injection of more than 1,000 cubic metres of fluid at each stage, or expected stage, of the hydraulic fracturing, or more than 10,000 cubic metres of fluid in total (Petroleum Act 1998, section 4A 1b).
4. Frack Free Coastal Communities are a North Yorkshire action group that oppose a planning application to explore and drill for gas beneath the heritage coastline close to the village of Burniston.
5. The Frack Free Coastal Communities petition can be viewed on the UK government’s website.
6. As identified in the legal opinion from Estelle Dehon KC, the Oil and Gas Authority (OGA), now the North Sea Transition Authority (NSTA), stated in 2020 (p3) that: “..it is not yet possible to accurately predict the seismic response to hydraulic fracturing, if any, in relation to variables such as site characteristics, fluid volume, rate or pressure. Where induced seismicity has occurred, mitigation measures have shown only limited success, and there can only be low confidence in their effectiveness currently.”