From Tuesday 16th July to lunchtime 18th July, Lord Holgate heard the case, brought by South Lakes Action on Climate Change and Friends of the Earth, against the Government’s 2022 approval of a new underground coal mine at Whitehaven.
In the preceding week the new Government accepted the decision of the former Government was legally flawed, and has conceded the legal challenges to the approval. A Barrister representing the new Secretary of State, Angela Rayner, was present on the request of the Judge, but made no submissions.
Demonstrations in support of the court case were held in Whitehaven on the evening before the case began and on the first day of the hearing. In London, there was a demonstration before the start of the case, outside the High Court and a meeting of Quakers at lunch on the second day.
Estelle Dehon KC of Cornerstone Barristers representing South Lakes Action on Climate Change and Friends of the Earth’s Barristers as to why the mine should not have been granted permission. This was based on the lack of consideration of emissions on use of the coal (the Finch case precident); errors in the Environmental Statement; the false argument that coal mined in the UK, means less mining abroad; failure to comply with the 6th carbon budget; and inconsistency of treatment of parties in the planning inquiry.
The Judge, Lord Holgate had ruled against Sarah Finch at the High Court, before she won her case in the Supreme Court. The Finch case law was much debated during the hearing looking at the Whitehaven coal mine. It states that emissions from the consumption of fossil fuels should be considered when deciding planning applications for new fossil fuel production.
Barrister James Stratchan KC for West Cumbria Mining Ltd set forth its case that the coal from Cumbria would perfectly substitute for more expensive coal from the USA so overall there is no increase in emissions. This assumes that coal mines with permission to be extracted coal in the USA would chose to leave the coal underground in an equal measure to it is extracted from this site. He tried to argue that as this coal was coking coal normally used in coal power stations, and as such it shouldn't be considered as a fossil fuel and therefore sought to avoid discussing the recent Finch victory.
Lord Holgate engaged in detail with the points put before him, but is not expected to deliver a decision until after some weeks of deliberation. If the case is upheld the decision would then be returned to the Secretary of State for a fresh decision, a process which is also likely to take weeks or months and involve another public inquiry, which may be limited in scope.
We will let you know when we have a decision to report on.
Fantastic news today, 20th June 2024. The UK Supreme Court has set a historical precedent, in overturning a previous ruling, considering the legality of approving a new oil site in Surrey.
The ground breaking decision stating that 'downstream' emissions (those released when a product is used) must be factored into decisions on whether to approve or reject planning applications for projects to extract those fossil fuels. It was a contentious decision within the Supreme Court with a 3-2 decision amongst the judges presiding over the case.
Not only will this decision stop this oil drilling from going ahead, it also sets a precedent against all UK fossil fuel extraction!
Consequently this decision should have a big impact on the upcoming West Cumbria coal mine legal challenge in the Court of Appeal 16th to 18th July.
There are 5 unique grounds that South Lakes Action on Climate Change and Friends of the Earth are appealing the decision to approve a 2.8 million tonnes a year coal mine to operate until 2049.
The reasoning for the decision against the Horse Hill project should directly impact two of these grounds against the approval of the West Cumbria coal mine. If the Court of Appeal agrees with any one ground, then the current planning permission will be overturned and the next Government will have to decided afresh whether to allow coal mining in Cumbria.
The Judges were clear in their ruling, “The whole purpose of extracting fossil fuels is to make hydrocarbons available for combustion. It can therefore be said with virtual certainty that, once oil has been extracted from the ground, the carbon contained within it will sooner or later be released into the atmosphere as carbon dioxide and so will contribute to global warming. This is true even if only the net increase in greenhouse gas emissions is considered. Leaving oil in the ground in one place does not result in a corresponding increase in production elsewhere”
The grounds in the West Cumbria coal mine legal challenge this new decision impacts challenges are:
1) errors of law concerning whether ‘downstream emissions’ caused by the coking coal were indirect significant environment effects of the proposal.
2) error of law and/ or failure to give understandable reasons concerning substitution.
Cornerstone Barristers who acted on behalf of Sarah Finch and the Weald Action Group said, "the Court noted that the direct GHG emissions over the lifetime of the project had been described as having a “negligible” effect on the climate. By contrast, the Court considered that the downstream GHG emissions (which would have been nearly two orders of magnitude greater), “could not have been dismissed as “negligible” in that way” (§82)."
The Horse Hill oil well was expected to release over 10 million tonnes of CO2. The coal proposal at West Cumbria was expected to release slightly less than that each year. West Cumbria Mining Ltd who are behind the proposed mine, claim the mine would be net zero, by paying for carbon offsetting.
To divorce the production and supply of fossil fuels from the emissions of their use is a dangerous fiction. At Coal Action Network, we know the simple truth that when fossil fuels are extracted they are used. We also know that abundance and reliability of supply encourages reliance and discourages investment in alternatives.
Five political parties have ruled out new coal extraction ahead of the election. It's clear to the majority of the UK's political leaders that limiting the supply of fossil fuels is vital to reduce their use, and they're pledging to take action on that. With the ruling in the courts today reinforcing that message. It is obvious to most people - fossil fuel producers have responsibility for the climate catastrophe created by their consumption. It's time to put to bed the absurdity of a 'climate neutral', or even 'climate-negative', coal mine as the proposed Whitehaven coal mine pretends to be.
“...we will not grant new coal licences and will ban fracking for good.”
Manifesto in full
“Maintaining the ban on fracking and introducing a ban on new coal mines.”
“Cancel recent fossil fuel licences such as for Rosebank and stop all new fossil fuel extraction projects in the UK.”
“Ban new coal licences. Follow the SNP Scottish Government’s lead and commit to no support for new coal mines, which would undermine our action to reach net zero.”
“...are opposed to... new open cast coal mines. Opencast mine sites should be fully restored for the benefit of local communities, and should never be used as a guise for private companies to undertake further coal extraction.”
The Labour Party's manifesto pledge “we will not grant new coal licences and will ban fracking for good.” follows a year of inside-track and public campaigning by Coal Action Network in the UK parliament and Welsh Senedd.
The UK’s last coal-fired power station closes this year, and last year is confirmed the hottest year on record. We’re pleased that the Labour Party has listened to our arguments, along with the Liberal Democrats, the Green Party, Plaid Cymru, and Scottish National Party which have also ruled out any new coal mining.
We'll work with whichever party forms the new Government on turning a policy ruling out new coal licences into a stronger statute. We hope the new Government will also address existing coal licences – for both operating mines, such as Aberpergwm (permission to mine until 2039), and proposed mines such as West Cumbria (permission to mine until 2049). The West Cumbria coal mine is an example of how coal mine licences can slip through the coal regulator, even when there is no domestic demand for the coal and it'll be exported to drive further climate chaos.
Coal is still the number one fossil fuel driver of climate change globally - we must lead my example, and a policy ruling out any more licences for coal mining is just that.
Published: 17. 06. 2024
Coal Action Network asked Who will stop coal? last weekend in Whitehaven, West Cumbria. At the site of the proposed coal mine, members of the local community and supporters gathered to ensure that the question of the mine is being put to election candidates. Now we need you to crank up the pressure and make sure all election candidates across the UK faces this question as they could decide the fate of the coal mine if elected and legal challenges to the mine are successful next month...
The next Government may have the opportunity to not only stop the West Cumbria mine, but legislate an end to coal mining in the UK forever. We will be working hard behind the scenes to make that happen - but, the more you can help us, the better. Join us in writing to your local candidates (automatically selected) - this could be the first step in them helping to end coal mining in the UK for good.
The legal challenges against the government’s approval of a new coal mine off the coast of Cumbria will be heard in London on the 16th to 18th July.
West Cumbria Mining Ltd’s application to extract 2.78 million tonnes of coking coal a year, right up to until 2049, was approved by the Conservative Government in December 2022. Two legal challenges to this decision have been awaiting a High Court hearing following the decision.
Help stop the coal mine by sharing or donating to SLACC's crowdfunder for their legal costs. Everything helps.
One of the 5 grounds against the approval of the mine relies on the outcome of case relating to the downstream emissions from a proposed oil well at Horse Hill Surrey. West Cumbria Mining Ltd intervened in the Horse Hill case, hoping for a ruling that would set a precedent that allows the coal mine to go ahead. The Supreme Court Hearing for the Horse Hill case took place in June 2023, but the decision has yet to be announced.
The courts had said that the legal challenges to the proposed coal mine needed to be heard after the Horse Hill decision was given. This condition has now been lifted and the hearing will take place in July, irrelevant of when the Horse Hill decision is made.
Following the July hearing, the High Court judges will decide whether the government’s approval of the proposed coal mine is lawful. If it decides the decision wasn’t lawful a new decision will be required from the government which could be the end of this disastrous project.
Demonstrations are being planned in support of the legal challenges on the first day of the hearing in outside the court in London and in Whitehaven, Cumbria during the hearing. Keep an eye out on our upcoming events page for details when available.
Mining company, ERI Ltd, is applying to mine nearly half a million tonnes of coal from two coal tips dumped in Caerphilly, South Wales by the same mining industry last time it operated in the area. The company claims it’ll use some of its profits from coal sales to remediate the two tips afterwards. But this is just to greenwash its mining application as a ‘remediation project’—a ploy with a long history in South Wales. Nobody’s buying it; companies cut and run when the profit dries up, with over 300 coal tips abandoned in South Wales to prove it. Moreover, the two coal tips that would be mined are not considered in danger of slipping, and ERI Ltd doesn’t want to touch the most worrying coal tips nearest residents in Bedwas as those aren’t profitable or are on private land.
A local campaign has sprung up to fight for a better alternative than another coal mine. Friends of Sirhowy Valley Country Park needs your help to fund:
Published: 18. 04. 2024
Mining company, ERI Ltd, is applying to mine nearly half a million tonnes of coal from two coal tips dumped in Caerphilly, South Wales, by the mining industry last time it operated in the area. It's vital we stop this shameless attempt to exploit the mess left behind by the mining industry to justify yet more mining. If the coal tip mining were to go ahead, it would:
The Ffos-y-fran opencast coal mine in Merthyr Tydfil, South Wales, has become a truly cautionary tale on the power of the fossil fuel industry and of the impunity of companies behind large-scale projects. In its most recent act of environmental vandalism, mining company Merthyr (South Wales) Ltd removed its pumps to allow the massive void it created to fill with water. Permitting millions of gallons of water to collect above the town of Merthyr Tydfil without an assessment by a Reservoir panel expert is dangerously reckless.
Key to the current restoration plan (agreed in 2007) was the return of the huge overburden mounds into the void that were created when the void was excavated to reach the coal. Every day the void fills with water, though, makes returning these overburden mounds to the void more expensive and logistically difficult, as that water would need to be drained first. This is likely to be the intention—Merthyr (South Wales) Ltd is refusing to fulfil its legal obligation to fund the restoration plan, so it’s looking to cut corners. Avoiding shifting millions of tonnes of overburden back into the void is a large corner to cut. Removing the pumps, that have been draining water from the void for the past 15 years, and taking months to apply to the Council for a budget restoration deal means that Councillors would have little choice but to rubber-stamp approval. The Council have admitted this would affect the "viability" of the restoration plan.
Coal Action Network’s drone footage on Monday 11th March raised the alarm bell about the rising water levels. With this footage, a local resident informed Merthyr Tydfil County Borough Council of the rising water levels, only to be told that the Council was already aware of it, and that Merthyr (South Wales) Ltd had removed the pumps with no intention of reinstating them. Yet the Council made not move to inform any residents living close to the mine of the massive build up of water above their heads. The Council’s oversight of 16 months of illegal coal mining and now this intentional derailment of the current restoration plan is a further dereliction of its responsibility to the safety and wellbeing of town inhabitants. The Council has failed to hold Merthyr (South Wales) Ltd to account for its many transgressions over the past 18 months of illegal coal mining, with baffling impotence. Merthyr (South Wales) Ltd’s most recent action to remove pumps from the void is directly breaking the enforcement notice served to it by Merthyr Tydfil County Borough Council, but we won’t hold our breath waiting for the Council to do anything about that…
Find out more about the Ffos-y-fran opencast coal mine...
Sign our petition for its proper restoration.
The insurance industry found itself in the spotlight last week as a Global Week of Action blossomed across the world. From February 27th to March 3rd 2024, a wave of protests, both online and in the streets, swept through the doors of insurance giants, demanding accountability over their support for polluters and decisive action on climate change.
Never before have these companies faced such pressure to clean their act up and insure our future, not fossil fuels. The Week of Action saw hundreds of thousands of people participating in online campaigns, while thousands more engaged in creative protests across 31 countries, spanning 5 continents. In total, over 100 events occurred worldwide, making it the largest ever coordinated campaign aimed at persuading the insurance industry to do the right thing.
The resounding message echoed by this global movement was clear: insurers can no longer hide their dirty deals with fossil fuel companies. As awareness grows around the crucial role insurers must play in solving the climate crisis, boardrooms and corner offices are abuzz with serious discussions about continued insurance coverage for polluting projects.
Coal Action Network combined forces with Extinction Rebellion, Stop EACOP and Tipping Point to hold the City of London to account. Here are the top picks from the Global Week of Action:
The week of action was opened on 27th February with sit-ins at 5 offices: Tokio Marine, Probitas, Talbot, Travellers and Zurich. Activists held banners reading “Don’t Insure EACOP” and “Don’t Insure West Cumbria Coal”.
Protesters joined arms around the whole of the iconic Lloyd’s of London building. The human chain lasted many hours, supported by beats from the samba band and performance from the ‘Discobedience’ dance group. There were speeches by Cumbrian activists and our own Will Attenborough from Coal Action Network.
Groups of friendly creatives, including Clowns and Crude Oil Mechanicals, visited the favourite watering holes of City workers at the Leadenhall Market, engaging insurance workers in discussion about the dangers of insuring new oil, coal and gas. Accompanied by the samba band, they gave out ‘Insure Our Future’ branded coasters.
A coalition of 12 climate justice groups came together in a moment of solidarity with the people of Palestine. A border wall was erected in front of the AXA building in London, to highlight the company’s continued investment in Israeli banks that fund an apartheid system and occupation of the West Bank. The coalition also demanded that AXA, as the 6th biggest fossil fuel insurer in the world, stops insuring all new oil, gas and coal expansion.
🔥 From Glasgow to Manchester, Birmingham to Brighton – local groups across the UK took to the streets to hold big insurers to account; including Zurich, Hiscox, Tokio Marine, AIG, Chubb, M S Amlin, QBE and AXA.
🌪️ Braving wild weather with courage and creativity actions included blockades, rallies, marches, occupations, letters, outreach and street theatre!
In Manchester, northern activists from a variety of climate action groups came together for a rally.
In Bristol rebels and Just Stop Oil activists held the roof of Tokio Marine overnight for 30hrs!
Activists from North East & Cumbria met at the AXA Insurance office in Middlesbrough with a coffin and banners for a die in with shrouds. Offices of AIG in Glasgow were occupied while a 100 others marched with Oil Slick performers, a bagpiper, and a huge "carbon bomb" to the Hiscox office nearby.
The Insurance Global Week of Action served as a wake-up call for an industry that has long operated in the shadows. Today, more people than ever before are acutely aware of the pivotal role insurers must play in transitioning towards a safe and healthy future. The global outcry has made it impossible for insurance companies to turn a blind eye to the mounting damage to our communities and our planet, caused by their enabling of polluters and new fossil fuels.
As the dust settles from this unprecedented mobilization, one thing is certain: the insurance industry can no longer afford to ignore the demands of a global movement that is determined to persuade them to do the right thing: insure our future, not fossil fuels.
Immediately cease insuring new and expanded coal, oil, and gas projects and the companies developing them.
Immediately adopt robust policies to ensure that clients fully respect all human rights, including Free, Prior, and Informed Consent (FPIC) of impacted communities.
Play an active role in the just transition by increasing support to clean energy projects by, and for, communities most impacted by climate change and facing energy access crisis.
After a week of peaceful protest around the world, alongside hundreds of groups, our efforts have paid off. Yet another leading insurance company, Probitas, has ruled out insuring the proposed West Cumbria coal mine and the East African Crude Oil Pipeline (EACOP).
Probitas is the 29th insurance company to rule out EACOP and the sixth to rule out West Cumbria coal mine.
Insurance is the polluters’ Achilles Heel - without it, polluters cannot operate coal, oil or gas projects. So if the insurance industry refuses contracts with new and expanding projects, that ends fossil fuel expansion for good.
The decision by Probitas is a strong sign that the insurance industry is starting to recognise the severe risks of dirty fuel projects - to their reputations, their bottom lines and to ordinary communities who want a safe, healthy word.
The more insurance companies pull away from these controversial projects, the harder it will be for them to raise the money they need to go forwards.
Another breakthrough came earlier in the week of action, when Zurich agreed to enter talks with campaign groups, including Extinction Rebellion, about Insure Our Future’s demands - including an end to insuring new fossil fuel expansion.
These victories can be attributed to the great diversity of approaches used throughout Insure Our Future’s Global Week of Action. Through many forms of non-violent protest and campaigning, groups encouraged insurance workers to reflect on how the industry’s support for new fossil fuels is making the world more chaotic, and the unique power of insurers to instead bring more safety and fairness to communities facing extreme weather and a lack of clean energy.
From protest marches to direct action, from petitions to mass phone calls and emails from volunteers, Coal Action Network and our many partner groups used all the tactics in the protest toolkit to urge insurance companies to step up.
In London, the week kicked off with a spectacular dance performance by Mothers Rise Up, directed by one of the world’s leading opera choreographers Denni Sayers, set against classical music and conveying an important message for insurers to protect children and future generations.
This was followed by office occupations and a peaceful protest that encircled the headquarters of insurance marketplace, Lloyd’s of London’s. Later, groups took similar action against insurers up and down the country in major cities, while many thousands took part in online mass emails, phoning and commenting on crucial platforms like LinkedIn.
The ongoing Insure Our Future campaign has the potential to prevent new coal, oil and gas projects from ever destroying our climate, communities and nature.
By working together, we can urge insurers to play their part in creating a safer, more secure world for future generations and countries on the frontline of the climate emergency.
We can achieve this if we convince enough insurance companies to reject contracts with the companies behind these two key ‘carbon bombs’ - the toxic French energy giant Total and West Cumbria Mining Limited.
The Global Week of Action is not over yet. Coal Action Network is keeping up the momentum by running another round of mass emails this week. To get involved, keep an eye on Coal Action Network’s social media pages.
