ERI Ltd launched its pre-application consultation in early 2024 to mine two coal tips in Bedwas, South Wales. The company is proposing to extract a total of around 468,000 tonnes of coal from both tips. This would drive further climate chaos by over 1.3 million tonnes of CO2, as well as devastate the coal tips’ natural regeneration over the past 30 years since it was abandoned. The project also endangers the beautiful Sirhowy Valley Country Park bordering one of the tips. ERI Ltd claims it would use some of the profits from the coal mining to restore the coal tips afterwards. This amounts to more coal mining to clean up the mess left by old coal mining—we’ve been here before with the nearby Ffos-y-fran site, and we know it doesn’t end well.
With over 300 category D coal tips in South Wales alone, ERI Ltd’s proposal could trigger a new wave of coal mining if it were successful. For the sake of localised impacts and our collective climate, we are therefore committed to challenging an application by ERI Ltd every step of the way, together with the local community resistance, Sirhowy Valley Country Park support group, Good Law Project, Friends of the Earth Cymru, and Climate Cymru.
Regular safety monitoring is considered sufficient for most category D coal tips abandoned by the coal industry in South Wales. But for coal tips that pose a danger to nearby communities, more coal mining isn’t the solution—we need swift remediation sensitive to local ecologies and lives. These diverse fungi were spotted by a local resident on a single walk nearby the coal tips:
The Senedd’s Climate Change, Environment, and Infrastructure Committee (CCEIC) has released a critical report on the management of opencast coal mining in Wales, particularly focusing on Ffos-y-Fran, one of the last opencast coal mines in the region. The report describes Ffos-y-Fran as a “symbol of the system's failures”, highlighting significant shortcomings in oversight.
The CCEIC specifically calls out Merthyr Tydfil County Borough Council (MTCBC) for its inaction regarding illegal mining activities that continued after the mine's license expired in September 2022. The report questions whether MTCBC could have done more, noting the Coal Authority's concerns about the lack of a robust closure plan.
Local residents have expressed deep concerns about their treatment by public authorities. The committee emphasized the need for improved transparency and engagement, urging MTCBC to involve residents in the revised restoration plan.
Campaigner Chris Austin welcomed the report, stating it offers strong recommendations for policy changes regarding coal mine restoration. He expressed hope that the findings would lead to better outcomes for Ffos-y-Fran and prevent future issues.
We praise the CCEIC for investigating the failures that allowed illegal mining to occur without repercussions. The focus now must be on the Welsh Government and Merthyr Tydfil County Borough Council implementing the committee’s concrete recommendations to restore justice to affected communities.
Among the 26 recommendations (see below for a full list), the CCEIC calls for the Welsh Government to ensure that policies on opencast coal mining are robust and protective of local communities. The Coal Action Network advocates for a clear ban on coal mining in Wales, similar to Scotland's 2022 decision, to prevent mismanagement in the future.
The report serves as a crucial reminder of the need for accountability and proactive measures in managing natural resources in Wales.
Own emphasis
Published: 08. 08. 2024
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 15 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 15 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...
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