Fresh evidence has just been submitted to the West Cumbria coal mine inquiry.
Friends of the Earth has submitted new arguments against plans to build an £160 million undersea coking coal mine off the coast of Whitehaven after the Court of Appeal ruled end-use emissions can be considered by planning authorities.
The group, which was one of three key players in the public inquiry into West Cumbria Mining’s planning application last year, say that a recent ruling from the Court of Appeal has major implications for the plans.
In its ruling on a planning application for oil extraction at Horse Hill in Surrey, the Court of Appeal said that planning authorities do have the power to consider the ‘end use’ emissions from the combustion of fossil fuels in the environmental impact assessment.
This overturned a previous High Court ruling which said these emissions could not lawfully be taken into account.
West Cumbria Mining made arguments in the inquiry based on the previous ruling that end-use emissions would not need to be assessed.
Friends of the Earth senior lawyer, Niall Toru, said: “One of West Cumbria Mining’s key legal arguments at the public inquiry has been entirely undermined by this Court of Appeal judgement.
“At last year’s public inquiry WCM argued that end use emissions – caused when the extracted coal is eventually used – cannot be classed as an ‘effect’ of the coal mine.
“But last month’s Court of Appeal ruling, on a separate planning application, says these downstream emissions can be considered as an effect of the development.
“We have now written to the planning inspector in light of this important ruling.
“Coal, gas and oil companies must be to take responsibility for all their end-use emissions – and the huge part they play in fuelling the climate crisis.”
Supporters of the coal mine development believe that the need for steel, which requires metallurgical coal, is not going to go away and that it is kinder to the environment to extract coal for British steel on British shores.
Speaking at the public inquiry into West Cumbria Mining’s plan, Gregory Jones, the applicant’s legal representation said: “Here are a few of the real myths, that we in the EU do not need any coal mines and can continue to offshore our emissions for the next 30-plus years by importing coal or importing steel products.
“That we can stand aside while the global steel demand is fed by polluting mines from around the world.
He said that the myths touted as fact at the inquiry include: “That we can turn our backs on jobs and economic growth because of a conservative estimated of 9,000 green jobs for Cumbria which are possible – but for which there are absolutely no plans, still less funding or consent.”
The planning inspector is still putting together his report into the planning application by West Cumbria Mining and no date for its publication has been confirmed.
Meanwhile, Friends of the Earth campaigners will deliver letters to MPs Trudy Harrison (Copeland), Mark Jenkinson (Workington) and Simon Fell (Barrow and Furness) this week.
Michael Gove, the Levelling Up Minister, will have the final say as to whether the mine can go ahead and the group’s letter asks the MPs to pass on their concerns about the mine to the Secretary of State.
