Date: Wednesday 26 April 2023
Time: from 4:30pm (hearing starts at 5pm)
Location: Council Chambers, Civic Centre, Castle Street, Merthyr Tydfil, CF47 8AN
Bring: banners, signs, loud-hailers, or just yourself!
Ffos-y-fran is a large opencast coal mine in Merthyr Tydfil, South Wales which has operated for over 15 years. On 06th September 2022, planning permission for the opencast coal mining came to an end… but the mining company continues mining an average of 1,000 tonnes of coal every day (emitting the equivalent CO2 to burning 1.5 million litres of petrol)! The local Council claims the mining company, Merthyr (South Wales) Ltd lied about stopping mining but still refuses to take any action to stop the illicit coal mining happening at Ffos-y-fran. This makes a mockery of local democracy, equality in law, and Welsh Government's climate commitments.
On Wednesday 26th April, Merthyr Tydfil County Borough Council will meet to decide whether to approve or reject the mining company's application to officially extend the coal mine until 31 March 2024. The Councillors must listen to local residents suffering noise and dust pollution for over a decade, and reject this expansion in the midst of our climate emergency. We all have a stake in this, so join us outside and ensure the Councillors can't ignore your opposition.
We arrived outside the Cardiff courts to press teams and a strong demonstration in support of our case for a more sustainable future in Wales and the UK—one that cannot have coal in it. Welsh people are standing up to say they want to carve out a future that doesn’t carve up more of their land for coal mining, and don’t want Wales to fuel further climate chaos – the effects of which are already being felt there with flooding and storms.
Recommended background: illustrated guide to how a coal mine gets permission in the UK.
Coal Action Network’s Barrister, Estelle Dehon KC—with Richard Buxton Solicitors—opened on the morning of 15th March with a blistering argument laying out what has happened and why:
In the afternoon, the Welsh Minister’s Barrister set out their argument for why the Welsh Government’s approval is not required for the Aberpergwm extension full licence to be valid, and that the Wales Act 2017 cannot be applied.
We win:
If the judge accepts that the Welsh Government’s approval (or lack of) applies to the authorisation, then the Wales Act 2017 is applicable, and the Welsh Government’s approval will be needed for the Aberpergwm coal mining licence to be valid.
We lose:
If the judge instead decides that the Welsh Government’s approval applies to the original conditional licence, then Welsh Government approval isn’t required as the conditional licence dates back to 1996 prior to the Wales Act coming into force.. That would mean that the Aberpergwm coal mine can mine under the new licence, adding up to 100 million tonnes of CO2 and 1.17 million tonnes of methane to our atmosphere.
We win:
If the judge accepts that the Coal Industry Act does indeed give the Coal Authority the power to apply other considerations to a coal mine application. The Coal Authority may have to redecide the Aberpergwm application, and it would then be hard for the Coal Authority to ignore that the Welsh Ministers have stated the coal mine extension would be incompatible with Welsh climate targets.
We lose:
If the judge decides, however, that the Coal Authority can only consider a narrow list of criteria when deciding a conditional or full licence as wider considerations were given in 1996 or 2013. UK law would need to be changed in Westminster to bring the Coal Industry Act in line with the UK Government’s own climate commitments.
A Coal Action Network staff member present at the hearing described said: “It was a real privilege to watch our legal team, Barrister Estelle Dehon KC of Cornerstone Barristers and Matthew McFeeley of Richard Buxton Solicitors, perform with such skilful articulation and clarity in the courtroom today. The case presented showed the flaws in the Welsh Ministers’ and the Coal Authority’s arguments and the barrister for the Welsh Ministers was reduced at one point to arguing to the judge that “her lady should not get caught up on the wording of the law and licence…” (this is literally what the law is based on). We feel confident that our legal team has made convincing and consistent arguments rooted in the law to persuade the judge to find in favour of our claim. We want to thank everyone that supported our crowdfunder to make this hearing possible—we couldn’t have done it without your support”.
Cornerstone Barristers and Richard Buxton Solicitors both provide great summaries of the legal case.
Job Title: Operations Administrator (Finance)
Salary: £31,200 pro rata FTE
Hours: 21 hours per week (3 days)
Place of work: Remote
Contract type: Permanent
Application closing date: Tuesday 4th April (midnight)
Interview date: Thursday 13th April
Start date (negotiable): 12th June
Coal Action Network is seeking an experienced operations administrator, with a particular focus on finance, to support a small but growing flat-structured staff team following our transition to a formalised employer status with PAYE.
As well as carrying out daily tasks to maintain the organisation's finances and legal compliance as an employer, you will be empowered to improve, design, and implement systems to make the organisation function optimally.
As part of a non hierarchical organisation you will have equal agency as other members of CAN in key decisions affecting the organisation . Upon passing probationary period, you will have the option to become a Co-Director of the organisation.
Please read Recruitment pack Operations Administrator (Finance) before applying for this role. This includes Role Responsibilities and Person Specification, and more details on the application process.
The application closing date is Tuesday 4th April (midnight)
Job Title: Campaigner: Fossil Fuel Insurance (UK)
Salary: £31,200 pro rata FTE
Hours: 21 hours per week (3 days)
Place of work: Remote
Contract type: Permanent
Application closing date: Tuesday 18th April (midnight)
Interview date: Thursday 27th April
Start date (negotiable): 26th June
You will play a key role in ending insurance cover for fossil fuel projects by challenging the world’s biggest energy insurer, Lloyd’s of London, and its members. This new unique role will also leverage CAN’s insurance campaigning capacities to win critical fights against UK coal mines. Your work will centre frontline communities impacted by coal and fossil fuel projects and amplify their voices.
You will work in a team alongside three other insurance campaigners, liaising as necessary with CAN’s UK coal campaigning team. In our non-hierarchical structure you will hold equal agency in decisions affecting the organisation, and, after your probationary period is passed, you will have the option to become a voluntary Co-Director, sharing legal responsibility for the organisation.
If aspects of the Role Description are unfamiliar to you, please see the 'Non-essential' section of the Person Specification for details of what you can learn on the job.
Please read Recruitment pack Fossil Fuel Finance Campaigner (UK)-3 before applying for the role.
This includes Role Responsibilities and Person Specification, a background to the role plus further information on the application process.
Deadline for applications is midnight Tuesday 18th April 2023
Location: Cardiff Civil and Family Justice Centre, 2 Park Street, Cardiff, CF10 1ET
Day: Wed 15th March 2023
Time: starts 0930 – ends 10:00am. (The hearing starts at 10.30am)
What:
Demonstration in support of a 2-day court hearing to rule that the Welsh Government can apply its strong policy against coal mining to stop the Aberpergwm coal mine expansion in Glyn Neath. Show up to show the Welsh Government that you care about fossil fuels and the climate change it drives.
What to bring:
Placards and banners about climate change and fossil fuels, particularly coal. Please don’t bring things that have groups’ logos on – we want this demonstration to be about the issue, not about who’s campaigning on it.
Questions?
Email: info@coalaction.org.uk
Find out more about the campaign, including key stats on Aberpergwm coal mine.
Wales won the freedom to decide its own future on coal mining under The Wales Act 2017. The Welsh Government has a strong policy against mining coal on Welsh soil, and we’re here to support that policy being applied to the Aberpergwm coal mine expansion. Since 2021, the Welsh Government has told the press that its hands are tied because of a legal detail about the Aberpergwm expansion application. Yet, the UK Government, the UK Coal Authority, and even the Parliamentary Welsh Affairs Committee Chair all went on record to say it is for the Welsh Government to decide the fate of the licence to expand the Aberpergwm coal mine. Neither side could agree, and during months of finger-pointing in the press, neither side sought a definitive legal ruling on it either—and the Aberpergwm coal mine extension slipped through.
So Coal Action Network has crowdfunded this judicial review in the hope that the Cardiff Court finds the Welsh Government’s approval is needed for the Aberpergwm expansion licence to be valid. The Welsh Government will then be free to apply its policy against coal to create a greener, cleaner future for Wales.
Today we delivered Coedie's message and thousands others from around the world in the form of 6ft tall talking valentines cards, to all three of Probitas 1492's UK offices: Lloyds of London, Lime Street (London), and Manchester.
We want to make sure they can't ignore indigenous communities, and people all over the planet who will be impacted by this climate bomb. Check out some pictures from our action, your messages, and how to get involved in keeping the pressure on Probitas.
Printed inside the card: a lot of love for the planet and for the community resistance - not a lot of love for Probitas.
We need to show Probitas that the global movement against Adani won’t let them get away with their involvement. Will you join us and ramp up the pressure we’re placing on them?
We're asking our supporters to sign up to take regular action, emailing staff at Probitas over their companies role in enabling this carbon bomb. We'll be sending you new contact details at every few days – no two people will be receiving the same staff to contact. This tactic means that together we can contact more staff, and be as effective as possible in turning up the heat. Let's convince them to stop insuring climate breakdown.
As always, we'll be providing you with example emails to use & help along the way.
When we’ve taken action together, the #StopAdani movement has won against insurers and brokers again and again - now the industry knows it's one of the most controversial projects in the world. We need to make sure this climate-wrecking project has nowhere left to go.
Let’s make sure Probitas knows what it’s getting into: send your message today.
In September 2022, Ffos-y-fran opencast coal mine's 15-year planning permission ran out and the coal mine was due to close and restoration begin. However, Merthyr (South Wales) Ltd applied for a S73 time extension to mine coal at the site for a 9 months, with an intention to submit a further application for a 3-year expansion.
But this climate calamity can't go ahead! Today, Thursday 12th January, Chris and Alyson, who live close to the Ffos-y-fran coal mine, delivered our petition of over 20,000 signatures to the Welsh Government's The Planning and Environment Decisions Wales. The petition demands that the Welsh Government:
Find out more about how the Ffos-y-fran coal mine has managed to illegally siphon coal out for 16 months without being stopped.
06 September 2022 - 08 January 2024
Coal sold: 64o,000 tonnes (company-reported volumes published in official Coal Authority statistics)
CO2 from coal use: 2.02 million tonnes of CO2 (2022 BEIS Conversion Factors)
Methane from the mine itself: 2,900 tonnes (Global Energy Monitor)
CO2e from the mine itself: 931,000 tonnes in 2021 (reported by the company on p4 (7) for machinery, electricity, and gas combustion)
Coal operator: Merthyr (South Wales) Ltd – formerly Miller Argent Holdings Limited, subsidiary of Merthyr Holdings Limited – which is owned by Gwent Investments Limited
Parent company: Gwent Holdings Limited, owned by Mrs J H Lewis
Type: Thermal coal, some of which is ‘upgraded’ to be sold to steelworks
Mining method: Opencast
Claimed destination: steelworks, domestic heating, cement production etc.
Local Planning Authority: Merthyr Tydfil County Borough Council
Address: Ffos-y-fran Land Reclamation Scheme, East Of Merthyr Tydfil CF48 4AE
Time: 15 years, then a further 16 months illegally
Published: 17/08/2022 Updated: 25/01/2024
On Wednesday (21/12/2022) a gang of Santas delivered sacks of ‘naughty list coal’ to Michael Gove at his Department of Levelling Up, Housing, and Communities office in Whitehall on behalf of Coal Action Network and Lush cosmetics. Holding signs reading “Christmas coal for climate criminal Gove ”, and “No new coal”, the festive action was in protest against the recent Whitehaven coal mine approval.
Since Gove announced his approval of the Whitehaven coal mine application on 7th December, he has been heavily criticised by members of his own party, the Government’s own Climate Change Committee, industry leaders, and environmental groups. Over the original coal mine timeline, the coal operator would mine 64 million tonnes of coal, resulting in 200 million tonnes of CO2, and 340 thousand tonnes of potent climate change accelerant, methane.
Gove’s 15-page letter outlining his reasons for approving the Whitehaven coal mine has already been left in tatters by steel industry leaders who have said British Steelworks can’t rely on Whitehaven coal as it’s too high in polluting sulphur. Gove’s justification was dealt another blow when Owen Hewlett, the chief technical officer of Gold Standard offsetting, called the idea of making the coal mine carbon-neutral through Gold Standard offsetting “obviously nonsense, morally nonsense and technically insane”.
Coal Action Network said “We’re here because Santa knows who’s been naughty and nice, and Gove’s top of the naughty list for approving the Whitehaven coal mine. If more coal mines are really Gove’s only levelling up offer, Santa’s got a message for him this Christmas: climate change only levels down. It’s a dead-end industry distracting from the levelling up potential of jobs with a future.”
Lush campaigns manager Andrew Butler says, “Lush will be Santa for lots of people this Christmas and while we usually provide nice presents, Gove is firmly on our naughty list. But to say Gove has been naughty is a gross understatement. His reckless decision to approve a new coal mine in West Cumbria puts us all on the path to climate catastrophe and makes extreme weather like the floods that displaced tens of millions of people in Pakistan more likely. Gove is not just naughty, he is a climate criminal.”
In a joint statement Coal Action Network and Lush Santas say, “We must remember that individuals are making these decisions that cost us billions, our quality of life, and our very future. Where is the individual accountability for that? Families are freezing in their homes this winter because someone in Government effectively stopped the home insulation programme around a decade ago. Instead of holding that person responsible and reversing that damage, Gove approves a coal mine for a steel industry that doesn’t want it, derailing our climate promises. Santa is all about individual accountability and doesn’t care if someone hides behind a Ministerial title—so these sacks of ‘coal’ are delivered to Michael Gove personally this Xmas.”
The UK Government has produced a 15 page letter plus appendices which outlines the reasons for granting permission to the Whitehaven coal mine application (Ref: 4/17/9007). This is mostly in the form of highlighting points on which Michael Gove agrees with the Planning Inspector , Stephen Normington, who also recommended granting permission for the application.
We have criticisms of each argument and are left wondering who’s interests really underpin Gove’s shock decision to approve the coal mine...
Tata steelworks in Port Talbot has publicly called on the UK Government to co-fund its transition to Electric Arc Furnace steel production which uses little or no coal—or it has warned it’ll shut down in 2023. Tata is the largest steelworks in the UK.
British steel industry chiefs have further said that British and European steelworks will be largely unable to use Whitehaven coal as it is too high in sulphur.
This involves some mental gymnastics, but essentially—it’s based on flawed reasoning that because West Cumbria Coal Mining Ltd can’t control how steelworks use the coal, it isn’t responsible for the resulting emissions. If end-use emissions can’t be a reason to refuse the coal mine, neither can end-use be a reason to approve the coal mine, yet end-use is precisely the basis for the coal mine’s approval.
This absurdity is based on coal industry testimony referring to supposed ‘swing suppliers’ of coal in the USA. Not only is this potentially biased and based on one country, it also wasn’t demonstrated that the market it responsive enough to reduce supply with Whitehaven’s production. Yet, Gove’s claim that emissions won’t increase is based on substitution that largely relies on this unsubstantiated testimony. It also rest on the notion that ‘if we don’t do it, someone else will’—an approach if everyone took, would mean no one would ever take action to reduce emissions and large parts of the world would become uninhabitable.
Gove’s letter is careful not to say the coal mine will be net-CO2 neutral, only that it’ll seek to be—because, like all greenwash, it’s quickly shown to be empty promises to justify climate-trashing business as normal. Issues with off-setting aside, the off-setting scheme the coal mine cited in its application publicly rejected working with a coal mine soon after, and the head of Offsetting Gold Standard called the idea of offsetting a coal mine “nonsense”. Whitehaven coal mine will emit 340,000 tonnes of climate accelerating methane, only some of which is intended to be captured, and even the coal operator admits this will only start 4 years into the project.
Given the weakness of Carbon Capture and Storage (CCS) and despite the billions pumped into its research and promotion so far, the only way to achieve steelworks decarbonisation will be removing coking coal from steelmaking. CCS has done little more than to continue business-as-normal by gambling on a largely unproven, expensive, energy-intensive technology that may create a future time-bomb and is yet to capture 100% of emissions anywhere.
Gove admits that the Coast-to-Coast pathway that beings in Whitehaven will be significantly and negatively impacted by the coal mine structures. This pathway draws tourism to the area.
Gove’s conclusion that tourism won’t be significantly reduced seems incompatible with admitting the coal mine would have a significantly negative effect on the leading draw for tourism to the area, the Coast-to-Coast pathway.
Arguments for the economic benefits to the area from the coal mine does not consider the costs to the economy from climate change, reduced tourism, and the distraction this creates from supporting sustainable industries creating jobs for the future. It is also based on assumptions such as workers relocating rather than commuting for work at the coal mine.
It’s recognised that the landscape impact from above-ground structures is unacceptable. Yet, without any details, this ‘unacceptable impact’ is somehow quantified into a price, and that is weighed as worth less than the supposed economic benefit of the coal mine. This isn’t a technical decision—it is wholly subjective about what we consider the environment to be worth.
The subject of recent research by Coal Action Network, the UK is littered with under-restored or unrestored coal mines—right now, Merthyr (South Wales) Ltd is threatening to walk away from the UK’s largest coal mine without completing the restoration promised. The promise of restoration is rarely one that is kept and cannot be relied on. The ecosystem, and the lives supported by it, currently on the land also won’t be put back—it is as unique as each of us, and will be lost forever. The idea that a new one will be the same as the old one, that ecosystems and lives are interchangeable, is a subjective view to justify its termination.
