Environmental groups are set to appear at the High Court today to fight plans for a West Cumbrian coal mine – despite the new Government saying it would not defend its position.
South Lakes Action on Climate Change and Friends of the Earth are opposing plans for the multi-million-pound coking coal mine off the coast of Whitehaven by West Cumbria Mining.
The groups have brought the case to the High Court in London following the previous government’s go-ahead for the scheme.
However, the new Labour government said it would not defend the decision to give the mine approval because there had been an ‘error of law’.
It follows a Supreme Court ruling, which overruled lower courts, holding that the environmental impact assessment for a new fossil fuel extraction site in Surrey must consider the greenhouse gas emissions from using the fuel because they were inevitable, significant effects of the extraction. It does not mean that no fossil fuel extraction can be permitted, but that decision makers must weigh up all the harms and benefits before making their decision, and the public cannot be deprived of their right to participate in that process.
The High Court hearing will continue as West Cumbria Mining is continuing to defend its position. West Cumbria Mining has indicated that it will argue the Supreme Court judgement should make no difference to this case and that the decision made in December 2022, to approve the mine, should stand.
The hearing is scheduled to run over three days, until Thursday.
Matthew McFeeley, a partner at Richard Buxton Solicitors, is representing South Lakes Action on Climate Change.
He said: “The Government now concedes that the grant of planning permission for this new coal mine was unlawful. It has accepted that the Supreme Court’s recent judgement means the emissions from using the coal should have been calculated and assessed.
“Proper consideration of the emissions from this mine includes the use of the coal it produces. That wasn’t done, which was unlawful. We hope this case finally lays bare the absurdity of the claim that any coal mine can be carbon neutral.”
West Cumbria Mining has always claimed that the combustion emissions were not effects of the coal mine which had to be considered in law.
Friends of the Earth senior lawyer, Niall Toru, said: “Justification for this polluting and unnecessary coal mine is rapidly evaporating, and even the government now concedes that the decision to allow it to proceed was unlawful. We hope the court agrees and quashes planning permission.
“This zombie coal mine would be a huge mistake for our environment, economy and international reputation. Rather than trying to breathe new life into a dying industry, coal should be left in the ground where it belongs, given the climate emergency.
“The new government must now focus on growing the green economy, with priority given to areas like West Cumbria to ensure they get the investment, jobs and opportunities they so urgently need.”
