BACK TO TOP

Whitehaven legal challenge update

High Court agrees to hear coal mine legal challenge

A High Court judge has given the go ahead for 2 legal challenges over the government’s decision to grant planning permission for a controversial new underground coking coal mine in West Cumbria to proceed to a 3 day hearing.

The decision has been welcomed by South Lakes Action on Climate Change (SLACC) and Friends of the Earth - the organisations behind the legal claims.

The cases will now be heard at what’s known as a ‘rolled up’ hearing which in practice this is the same as a trial. As long as permission is given in day one, the trial will last for three days and is likely to take place 24th to 26th October 2023.

Earlier this week, it was reported that a Supreme Court appeal over plans to allow oil drilling at Horse Hill in Surrey, brought by the appellant Sarah Finch, could set a precedent for the legality of approving new fossil fuel developments. The landmark challenge is due to take place on 21 June, with the company behind the Cumbrian mine intervening as an interested party. Both organisations legal challenges against the Whitehaven mine approval link to the Horse Hill case.

Friends of the Earth and SLACC launched their legal challenges in January after Michael Gove, Secretary of State for Levelling Up, Housing and Communities, gave planning permission to the new coking mine in December 2022. The organisations were the 2 main parties opposing the coal mine at the planning inquiry which took place in September 2021.

SLACC and Friends of the Earth contend that Mr Gove failed to account for the significant climate impacts of the mine, including the acceptability of carbon credits to offset the mine’s emissions, the international precedent that opening a new mine would set and the impact of opening the mine on the global coal market. For further details of the challenges see https://www.coalaction.org.uk/2023/01/27/legal-challenges-whitehaven/

Maggie Mason of SLACC said: 

“This is a positive and sensible decision. Having looked at the submitted papers, the Court has decided it is worth scheduling a three-day hearing on SLACC and Friends of the Earth’s legal challenges. SLACC members and supporters will observe the Finch versus Surrey County Council Hearing in June, and hope that the death and destruction caused by burning oil and gas will, in future, be taken into account before any new mines and oil wells are given planning permission."

Friends of the Earth campaigner, Tony Bosworth, said:

“We’re delighted the court agrees that our legal challenge against this mine deserves to be heard. We believe the Secretary of State made significant climate-related errors when he granted planning permission for this development, and that his decision was unlawful. With climate breakdown accelerating even faster than scientists predicted, it’s more important than ever that ministers’ decisions reflect the long-term interests of people and the planet, and not misguided short-term political considerations."

Share now:

Subscribe
Notify of
guest

0 Comments
Inline Feedbacks
View all comments

Never miss an update! Sign up to our Newsletter

OTHER STORIES

Ffos-y-fran, the UK’s last opencast coal mine finally shut – we’re not celebrating

We are an environmental organisation dedicated to ending coal mining and use in the UK for the sake of our collective climate and ecosystems. So you’d think we’d celebrate the claim by Merthyr (South Wales) Ltd that it will finally stop mining coal today at Ffos-y-fran in Merthyr Tydfil, South Wales. But we’re not. Because the abject failure of Merthyr County Borough Council to stop…

Ditch the dirty dollars – invest in our future!

People hailing from Cumbria to London, and everywhere in between, descended on the Mines and Money Conference in London across two days (28th-29th Nov 2023). We demanded that investors stop pouring cash into the mining sector, and  instead invest in our collective future. Together with Fossil Free London and other groups, we greeted investors with…

5 Insurers Rule Out The West Cumbria Mine

The insurers that have ruled out underwriting the mine are AEGIS Managing Agency, Argenta Syndicate Management, Hannover Re and Talanx. These are the first financial institutions to rule out any involvement with the project, and the win represents a new phase in the campaign to stop the project from going ahead.

EACOP: Global Day of Action against Chinese involvement in the pipeline

Today’s global actions focused specifically on the state-owned China Export & Credit Insurance Corporation (Sinosure), the Export-Import Bank of China (China Exim), and the Industrial and Commercial Bank of China (ICBC). Sinosure is said to be in advanced talks with the Ugandan government about providing credit for the project.

Protesters occupy the offices of City Of London insurers demanding they rule out backing for climate-wrecking projects

On 18th October dozens of protesters staged a sit-in occupation of the plush City of London offices of ten Lloyd’s of  London insurers demanding they rule out insuring the proposed West Cumbria coal mine and East Africa Crude Oil Pipeline (EACOP). 

Protest the Mines & Money conference

Global mining companies are coming to London soon attempting to find investors in their ruinous projects at the Mines and Money Conference (28th to 30th November). Join our protests against it!

Ffos-y-fran: timeline of illegal coal mining

01 September 2022: Merthyr (South Wales) Ltd applies for a S.73 time extension to mine coal from Ffos-y-fran, and to accordingly delay and vary restoration works.
06 September 2022: Planning permission ends for coal mining at the Ffos-y-fran site, after 15 years and 3 months of operations.
12 September 2022: first reports to MTCBC have been made by local residents of coaling beyond the end of planning permission.

Coalition backing a coal mining ban in Wales

Over 30 Welsh NGOs and businesses have signed a letter to Welsh Minister Julie James and Deputy Minister Lee Waters, demanding they draw a line in the sand and announce ban on any further coal mines on Welsh soil. The letter was delivered on 11th October 2023.

Port Talbot steel transition

On 15th September 2023, The Guardian reported that Tata Steel accepted Government funding to avoid closing its steelworks in Port Talbot, South Wales, by decarbonising it instead – but at a loss of up to 3,000 jobs. The UK Government is providing £500 million, and Tata Steel is expected to provide another £725 million…

CONNECT WITH US

Share now:

0
Would love your thoughts, please comment.x
()
x