Citing different grounds to the High Court, the Court of Appeal has nevertheless found against our appeal. The Court of Appeal judges disagreed with the judge in the High Court, and decided that current statute limits Welsh Ministers to only deciding whether a new conditional licence may be issued—rather than deciding at the stage that a conditional licence is turned into a full licence, which is what allows coal mining to begin. This judgement is disappointing, and runs contrary to the careful analysis of the High Court judge and the position expressed by the Coal Authority and the UK Government. We think there are grounds for a potential challenge to the judgement and we are receiving advice from our legal team on our next actions.
Today, 6th February 2024, Coal Action Network was back in court, this time appealing last year’s decision by the court that the Welsh Government couldn’t prevent an extension at Aberpergwm coal mine. Our legal team believes the Welsh Government can, and we believe it should, stop the Aberpergwm extension—keeping 42 million tonnes of coal underground. At stake in this case is an additional 1.17 million tonnes of methane and up to 120 million tonnes of CO2 would be released.
Barristers Estelle Dehon KC and Asitha Ranatunga (Cornerstone Barristers), supported by Matthew McFeeley (Richard Buxton Solicitors), argued that there is a difference between the authorisation for a coal mine and the licensing for one, particularly in the conditional form.
While the specific legal argument is complicated, the case is really a question of whether the Wales Act (2017) means the Welsh Government, rather than the UK Government’s Coal Authority, gets the final say on whether the Aberpergwm coal mine extension can go ahead.
Aberpergwm deep coal mine supplies 70% of its coal to Port Talbot steelworks, which is expected to significantly reduce its coal demand as it decarbonises.
Welsh Government policy, while not without loopholes, does make a stand against the extraction of coal. Should the 3 appeal judges decide that Coal Action Network’s legal team is correct, the Welsh Government will need to decide whether to allow the extension to happen. A ruling is expected in the next 6—12 weeks.
On 15th and 16th March, Coal Action Network took the Welsh Government and Coal Authority (UK regulator of coal mining) to the Cardiff Court in a judicial review over their respective handling of the Aberpergwm application to extend workings by up to 42 million tonnes of coal and until 2039.
On the 19th of May, The Hon. Mrs Justice Steyn DBE decided in favour of the Welsh Government and Coal Authority, but granted us permission to appeal the decision about the Welsh Government less than 2 weeks later, on 31st May. Our court hearing for the appeal will be 06th February at the Cardiff Court!
The grounds for this appeal are:
In 2022, we launched a Judicial Review as one of the last chances to stop Aberpergwm deep coal mine extension in South Wales, and keep up to 42 million tonnes of coal in the ground. Many of you donated generously to make that legal challenge possible, and our legal team worked tirelessly to deliver a razor-sharp case. However, on 19th May 2023, the Judicial Review decision upheld the mine to continuing to operate until 2039 to the tune of over 100 million tonnes of CO2.
This judgement comes fewer than two months after the IPCC released a report sounding the ‘final warning’ of irreversible and catastrophic climate change. Although ultimately the judge’s decision upholds the Aberpergwm coal mine in the midst of our climate crisis, the judgment agrees with our legal team on a number of crucial points, creating some optimism around a possible appeal. An appeal is no light undertaking in time and funding… but we need to throw everything we’ve got at stopping this when literally everything is on the line with climate-trashing projects like Aberpergwm coal mine. We’d definitely need your help via a new appeal crowd funder if our expert legal team advise us this is the way to go. If you’re able to chip in to pay for our current legal advice, our judicial review CrowdJustice crowdfunding page is still open.
In 2021, the International Energy Agency set out a pathway to reach net-zero by 2050, in which for both energy generation and the steel industry, “[n]o new coal mines or extensions of existing ones are needed…existing sources of production are sufficient to cover demand through to 2050” (p103). In addition, Port Talbot Steelworks and British Steel steelworks are negotiating with the UK Government to cut coal out of their steel manufacturing. There is no need-case for the Aberpergwm coal mine, whereas the need-case to keep all coal in the ground is a liveable planet.
Progress is uneven and marked by setbacks like this, but we’ve won against 23 coal mines in the UK—there's 4 more to go, and to finally close the door to any new coal mines. We hope you’re with us until the end. Subscribe to our mailing list to keep updated on our campaigns and get involved.
Find out more about the campaign against the Aberpergwm coal mine, as well as our campaigns against three other coal mine applications in the UK.
Today (25th April) people dressed as Rebecca Rioters protested against the Welsh Government’s failure to deliver a complete ban on coal mining on the steps of the Senedd (Welsh Parliament). The Rebecca Riots took place between 1839 and 1842 with the destruction of the toll gates which taxed rural people’s produce. The modern ‘Daughters of Rebecca’ dressed in 1800’s costume and demanded Members of the Senedd take urgent action to end coal mining and end the climate toll caused by coal mining and consumption.
Tomorrow (26th April) Merthyr Tydfil County Borough Council planning committee will decide whether to allow Ffos-y-fran opencast coal mine to continue mining coal until 31st March 2024 before refilling the void they’ve created. The Planning Officer has recommended that the application is refused, as it is not in line with Welsh Governmental policy on coal.
Rebecca from Merthyr Tydfil said, “We live opposite the massive Ffos-y-fran opencast coal mine which, despite years of valiant community resistance, was forced upon us in 2007.”
Residents of Merthyr Tydfil have had to suffer its impacts for 15 years of our lives, but not suffered in silence - we've fought it tooth and nail for all those years to try and manage its excesses. We were sickened to have to endure another 8 months of them mining coal illegally, and now the threat of even longer! No more; enough is enough!”
In the 1800s, poor people, in rural west and mid Wales rose up against the punitive toll system that was taxing their produce and destroyed the toll gates, in what is called the ‘Rebecca Riots’. In their footsteps, Coal Action Network and its supporters—modern day ‘Daughters of Rebecca’—are protesting the Welsh Government’s lack of concrete action against coal mine expansion. We are pushing the Welsh government to implement a comprehensive ban on coal mining, as Scotland passed in October 2022.
The original Rebecca Riots were a series of protests and direct action by tenant farmers against the payment of fees to use the roads. During the riots, men disguised as women attacked the tollgates. They called themselves ‘Rebecca and her daughters’, all answering to the name Rebecca for anonymity from prosecution.
Further, the Daughters of Rebecca are calling upon the Welsh Government to prevent the extension at Aberpergwm underground mine, near Glynneath, Neath Port Talbot, to stop its climate toll. Coal Action Network took both the Welsh Government and the Coal Authority to court in March 2023, challenging their permitting Aberpergwm to expand when it goes against Welsh policy and the urgent need to take action on climate change. A judge’s decision is awaited. If she decides that either the Welsh Government or the Coal Authority misjudged their powers the relevant public body will be asked to remake their decision, which could close Aberpergwm coal mine.
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.
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.
We're holding a briefing in the Senedd on 30th November. Invite your Members of the Senedd to this hybrid in-person/online event!
We want as many MSs, and their advisors, there as possible. Personal invites from constituents show that this is a pressing issue needing their attention which could make the difference as to whether they attend.
Send a quick email to your MSs and ask them to come. A sample letter is below - personalise it or write your own entirely.
Thank you!
*************************
Dear [insert name],
I'm concerned that there are three coal mines in Wales which are looking to increase their coal extraction and operating period. These are Aberpergwm underground anthracite coal mine near Glynneath, Neath Port Talbot; Ffos-y-fran opencast coal mine near Merthyr Tydfil and Glan Lash opencast coal mine, near Ammanford, in Carmarthenshire.
We are facing a climate crisis, the greatest historical cause of which has been coal consumption. It's time for Wales to decarbonise, not allow more coal.
Please confirm if you intend to attend an upcoming briefing session in the Senedd on this critical subject. Here are the event details:
| Fe’ch gwahoddir i fynychu | You are invited to attend |
| Sesiwn briffio gyda Coal Action Network, Swyddfa Comisiynydd Cenedlaethau’r Dyfodol Cymru, UBI Lab Cymru, a Chyfeillion y Ddaear Cymru. | A briefing session with Coal Action Network, Office of the Future Generations Commissioner for Wales, UBI Lab Cymru, and Friends of the Earth Cymru. |
| Byddwn yn trafod incwm sylfaenol a'r newid i economi ddi-garbon, a’r sefyllfa diweddaraf ar ehanghu pwll glo Aberpergwm. | We will discuss basic income and the transition to a zero carbon economy, and the latest on the expansion of Aberpergwm colliery. |
| 30 Tachwedd 2022, 1030-1130 | 30 November 2022, 1030-1130 |
| Ystafelloedd Cynhadledda C&D a Microsoft Teams | Conference Rooms C&D and Microsoft Teams |
| Noddir gan Jane Dodds AS | Sponsored by Jane Dodds MS |
| RSVP Rhys.Taylor@Senedd.cymru | RSVP Rhys.Taylor@Senedd.cymru |
Best wishes,
[Insert name and address]
At the end of November 2021, we noticed the licence application for an extension to 'Aberpergwm Colliery' in South Wales on the little-publicised webpage of the Coal Authority (regulator for all coal mining across the UK). This webpage contains a listing of all coal mine licences and licence applications and is a good one to bookmark and check back regularly.
We noticed the application was made in 16/09/2020, so we knew it could be awarded a licence tomorrow or in a year's time. But after checking no other group was campaigning on this already, we sprung into action to ensure licencing wasn't just waved through. In early December we started raising awareness of the licence application over social media, and shared key facts about the coal mine.
We spoke with Minister Lee Waters of the Welsh Government who insisted the his Government cannot use their powers under the Wales Act 2017 to stop the Aberpergwm coal mine expansion - since the licence's origins dates back before the Wales Act 2017 came into force. Therefore, it was for the UK Government to stop this licence. But the UK Government publicly disagreed in a BBC article on November 4th, arguing that the Welsh Government can apply the Wales Act 2017, and for that reason it would not be appropriate for the UK Government to step in.
In short, both the Welsh and UK Governments pointed the finger of blame at each other and neither would take responsibility nor resolve the issue between them, which actually had the power to intervene.
Coal Action Network launched a mass email campaign on 20/12/2021, encouraging our supporters and the public to contact Ministers Lee Waters of the Welsh Government, and Michael Gove of the UK Government. By the end of December, over 4000 emails had been sent to both Ministers, asking them to agree which government has the power to stop the Aberpergwm coal mine expansion - and to step in to stop the licence.
Both Minister failed to respond to any of the 4000 emails, ignoring the thousands of concerns expressed to them.
After both Ministers Lee Waters and Michael Gove failed to respond to any of the 4000 emails, and ignore the thousands of concerns expressed to them, Coal Action Network followed with an open letter to them. This letter summarised the main concerns that our supporters and the public wrote to them with, and asked for a response to these concerns.
Again, both Ministers failed to respond and we were getting increasingly concerned their inaction and refusal to communicate would let this licence application slip through and commit us all to continued coal mining at Aberpergwm until 2039.
On 25th January 2022, the Coal Authority awarded Aberpergwm its coal mine expansion licence, quietly updating its listing of coal mining applications and licences. In response to an email from Coal Action Network, the Coal Authority claimed it could not refuse the licence on any grounds apart from a narrow criteria set by the 1994 Coal Industry Act. If an applicant meets this criteria, the Coal Authority claims it must grant it the licence.
Coal Action Network contacted Richard Buxton Solicitors to find out if there is still any hope of stopping this coal mine, and whether the Welsh Government can still intervene - as the UK Government claims it can.
In February 2022, CAN staff visited the site of the Aberpergwm coal mine and met with local people in Glynneath to deepen our understanding of local views and awareness of the looming coal mine expansion. We learned that people living in towns near to the coal mine felt reliant on the coal mine because it brought some business into an area struggling economically and with underfunded services such as public transport links between nearby towns. We have heard similar stories of other towns, forced by a lack of Government investment, to choose between a coal mine with HGV traffic, noise, and disruption, or further job losses and closures.
We also found only low levels of awareness that the coal mine was recently licenced for a massive expansion, indicating that coal mine operator, EnergyBuild Mining Ltd, had not communicated this with local people.
Coal Action Network reached out to Wales-based environmental groups and engaged them on the issue of the impending Aberpergwm coal mine expansion licence. After speaking of 100 million tonnes of CO2 and up to 1.17 million tonnes of methane expected to be generated from this expansion, they took action.
Actions have included blockading the site office at the coal mine location on 11th March, and a theatrical noise demonstration outside the Senedd on 17th March 2022 which was attended by Wales Green Party leader Anthony Slaughter and Liberal Democrat party leader, Jane Dodds, who both delivered speeches on the need to prevent this coal mine expansion.
Richard Buxton Solicitors and Barrister Estelle Dehon (QC) represented Coal Action Network, believing there to be a case to argue:
After 'pre-action letters' to the Welsh Government and UK Coal Authority, Coal Action Network's legal team submitted an application in early April for a judicial review on these grounds.
Coal Action Network is a small grassroots organisation, so we need to fundraise £65,000 to challenge the Welsh Government and Coal Authority in a judicial review. These funds are needed to pay for our legal costs, potentially a portion of the other side's if we lose, as well as court fees.
But, if we win, we would set a legal precedent that could make it significantly harder for future coal mining across the UK, potentially laying a 475 year industry to rest and helping to safeguard future generations.
Please share and donate to our CrowdJustice crowd funder.
Our legal team has been informed that our legal challenge will be heard by a senior High Court judge on 15th-16th March 2023. Permission to proceed to a full Judicial Review in the High Court indicates we have a solid case and puts us an important step closer to reversing January's decision to licence a 42 million tonne expansion of the Aberpergwm coal mine. Our crack legal team, Richard Buxton Solicitors and Barrister Estelle Dehon QC, will challenge the parts that The UK Coal Authority and the Welsh Government played in this disastrous licence slipping through.
Coal Action Network held an informal briefing in the Senedd (Welsh Parliament) sponsored by Jane Dodds, Member of the Senedd (MS).
The event was attended by MSs and their staff who heard why the proposal to extend Aberpergwm coal mine should be stopped and how Universal Basic Income could answer some of the issues for workers during the transition to a low carbon economy.
On 15 March 2023, we arrived outside the Cardiff courts for the Judicial Review hearing, to press teams and a strong demonstration in support of our case for a more sustainable future in Wales and the UK. We feel confident that our legal team made convincing and consistent arguments rooted in the law. A decision should be made by the judge in 2 weeks to 3 month from today. Read more...
On 19th May 2023, the Judicial Review decision upheld the mine to continuing to operate until 2039 to the tune of over 100 million tonnes of CO2. This judgement comes fewer than two months after the IPCC released a report sounding the ‘final warning’ of irreversible and catastrophic climate change. Although ultimately the judge’s decision upholds the Aberpergwm coal mine in the midst of our climate crisis, the judgment agrees with our legal team on a number of crucial points, creating some optimism around a possible appeal. We'll need to weigh up time and funding with the chance of a successful outcome. Read more...
On the 19th of May, The Hon. Mrs Justice Steyn DBE decided in favour of the Welsh Government and Coal Authority, but granted us permission to appeal the decision about the Welsh Government less than 2 weeks later, on 31st May.
The grounds for this appeal are:
Coal & refuse to be excavated: 72 million tonnes in total - 30 million tonnes of which will be "middling" coal to be dumped or put back into the coal mine.
Coal to be sold: 42 million tonnes during the life of the extension
CO2: 100-120 million tonnes of CO2, according to uses listed below (2022 BEIS Conversion Factors)
Methane: up to 1.17 million tonnes of methane, a powerful climate accelerant
Coal operator (mining company): Energybuild Ltd/Energybuild Mining Ltd.
Type: Anthracite
Claimed uses:
The planning application said power stations and steel works. With Aberthaw power station closed, Energybuild now talks of Pulverised injection for steelmaking, household heating, cement, and water filtration.
County Council Local Planning Authority: Neath Port Talbot
Address: Glynneath, Neath, SA11 5AJ
Physical size: Because this is an underground mine, much of the excavation would be invisible but very real, as communities victim to flooding mine shafts have experienced. The underground tunnelling has permission to extend to 2.3km squared, taking you roughly half an hour to walk from one side of the tunnels to the other. And this doesn’t factor in the vertical shafts, sending offshoots that go beneath the River Dulais.
Time: Planning permission to mine coal until 2039 (this is often subsequently extended).
Published: 22/04/2022
