Walleys Quarry: Mum loses noxious landfill gas ruling on appeal

Mathew Richards lives about half a mile from Walleys Quarry with his mother Rebecca Currie

The Environment Agency (EA) has won an appeal over a High Court case which found failures to control landfill emissions had made a five-year-old boy seriously ill.

The court heard Mathew Richards' health worsened due to hydrogen sulphide (H2S) gas coming from Walleys Quarry in Staffordshire.

A judge had ordered the agency to ensure levels of gas were controlled by January.

But the EA successfully appealed.

It argued the judge overstepped the mark in giving it a timeframe it had to follow and said it had brought emissions down.

Mathew's mother Rebecca Currie said she was "absolutely heartbroken" at the decision and pledged to take the case to the Supreme Court.

"My little boy still struggles to breathe. Hearing him cry "mummy, mummy, I can't breathe" motivates me to do everything I can to fight for his health," she added.

The founder of campaign group Stop the Stink, which has held protests outside the site, said the ruling was very disappointing.

Steve Meakin said the failure to stop the unpleasant smell had been "disgraceful". The group is not planning any more formal protests before Christmas due to the spread of Covid-19.

The Environment Agency argued a judge went too far in setting it a timeframe for controlling emissions

A spokesperson for the EA said after the ruling it remained determined to tackle the problems at the landfill site.

Operator Walleys Quarry Ltd said it welcomed the appeal's outcome and remained committed to working with the EA on solving issues at the site.

Earlier this year, Mrs Currie told the High Court fumes from the site gave off a "a stomach-wrenching smell like rotten eggs".

• Permanent solution pledge for noxious smell quarry

• 'Smell counsellor' to aid quarry stench depression

• The noxious smell uniting a community in anger

Mathew was born prematurely at 26 weeks with a chronic lung disease and needed oxygen support for 19 months. His doctor told the hearing the emissions were preventing his recovery and he risked developing chronic obstructive pulmonary disease in the future.

Lawyers representing her and Mathew argued there was a "public health emergency" in the vicinity of the site and H2S emissions were affecting hundreds and probably thousands of local people.

In September, Mr Justice Fordham ruled the gases were having a direct effect on the child.

He said he was not satisfied the EA had complied with its legal duties.

The judge called on the organisation to ensure off-site odours were reduced and daily H2S levels were cut to a safe level by January 2022, to meet standards set out by authorities in the United States and by the UK Health Security Agency.

'Still serious'

During the appeal, the EA gave evidence it was taking measures with the quarry's operator to cut emissions to a safe level and claimed there had been a large reduction in H2S leaving the quarry since March.

Judges at the Court of Appeal said they had given their decision on Friday as they recognised the urgency of the situation, but would give the reasons at a later date.

Mathew's lawyers told the court the situation was still serious and they may consider asking for a new judicial review of the matter in due course.