Five-year-old boy with chest problems is set for David and Goliath High Court battle against operators of landfill site near his home to clean up the air he breathes
- Mathew Richards, 5, has chest problems after breathing hydrogen sulphide gas
- Mother Rebecca Currie, 41, doesn’t believe Environment Agency has done enough to control the activities of landfill operator Walleys Quarry Ltd
- She hopes to get the landfill capped off and H2S emissions to be stopped
A five-year-old boy with chest problems is set for a David and Goliath High Court battle with operators of a landfill site near his home to clean up the air he breathes.
The case being brought on behalf of Mathew Richards, who has grown up next to Walleys Quarry in Silverdale, Newcastle-under-Lyme, will be heard at the High Court in London on August 18 and 19.
Mathew’s mother Rebecca Currie says her son suffers from chest problems due to having breathed in hydrogen sulphide gas coming from the site all his life.
She does not believe the Environment Agency has done enough to control the activities of landfill operator Walleys Quarry Ltd.
The family have therefore lodged an application for a judicial review in relation to the EA’s regulatory decisions at the quarry.
Rebecca hopes Mathew’s case, which is being funded through legal aid, will result in the landfill being capped off and the H2S emissions being stopped.
Mathew Richards, five, has chest problems and is set for a David and Goliath High Court battle with operators of a landfill site near his home in Silverdale, Newcastle-under-Lyme, to clean up the air he breathes
Professor Ian Sinha, a respiratory paediatrician at Alder Hey Children’s Hospital in Liverpool, has written a report supporting the legal action, in which he sets out how long-term exposure to relatively low levels of H2S can have serious health impacts on children.
Rebecca, 41, said: ‘We have the doctor’s report that says that Mathew’s life expectancy is being reduced by the landfill. It’s damaging his lungs, and it could be something that will affect him for the rest of his life if it isn’t sorted out soon.
‘I don’t really know what our chances are of winning. As far as I’m concerned, this should be an open and shut case, but I know things aren’t going to be as simple as that.
‘The case will take two days and there might not be a decision straight away, but the judge might give us an indication.’
The EA has been carrying out air quality monitoring at various points around Walleys Quarry, following a spike in residents’ complaints about the landfill last year.
Enforcement action against the operator has so far resulted in the permanent and temporary capping of around half the site, and the implementation of an action plan to improve landfill gas management, with the number of gas collection wells set to reach 77 in the coming months.
Mathew’s mother Rebecca Currie says her son suffers from chest problems due to having breathed in hydrogen sulphide gas coming from the Walleys Quarry Ltd site (pictured) all his life
But Rebecca, who has been supported by the Stop the Stink campaign group, does not believe that these actions have made much difference to the H2S levels in the area.
She added: ‘The stink we have to put up with is horrific. It’s actually worse now knowing that it isn’t just a bad smell, it’s actually poisoning Mathew.
‘The Environment Agency says that it’s doing all it can to sort out the problem, but nothing has changed since they’ve been taking action. Things haven’t improved at all.
‘Hopefully, this case will result in inert material being placed on the landfill to cap it off. That’s the outcome we’re hoping for.’
In a statement, the Environment Agency said: ‘An application for a judicial review has been lodged with the High Court involving the regulatory decisions of the Environment Agency in relation to the operational activities of Walleys Quarry Limited, at Walleys Quarry landfill, Cemetery Road, Newcastle-under-Lyme, Staffordshire.
‘The Environment Agency is currently following the relevant litigation process in relation to this application and is unable to comment on matters that may appear in court.’
Rebecca hopes Mathew’s case, which is being funded through legal aid, will result in the landfill being capped off and the H2S emissions being stopped. Pictured: An aerial view of Walleys Quarry
Nigel Bowen, CEO of Walleys Quarry Ltd, said the company remained ‘committed to doing everything that is within our power to help remedy the situation as soon as possible’.
He added: ‘We have every sympathy for the health of Mathew Richards, and the well-being of his family. Upon receiving the report by Dr Ian Sinha, we moved swiftly to seek independent medical opinion and will present the findings at the forthcoming judicial review hearing at the High Court later this month.
‘In the meantime, we will be following the relevant processes and are not able to comment further at this time.
‘We continue to assess and implement identified measures, for example capping and gas infrastructure works as part of the natural cycle of site operation. We will continue to communicate these measures to the local community and other stakeholders via our weekly updates on our website.
‘We have also engaged technical specialists to investigate sources of the issue, and recently commissioned a report with environmental experts MJCA.
‘This report found that alternative potential source of hydrogen sulphide exists, including it being present in the groundwater as the result of historical geological faults, mineral deposits and mining activity in the area.
‘We will continue to investigate alternative sources of the issue to ensure that it can be effectively addressed.’
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