BACK TO TOP

CAN instructs Barristers to take Welsh Government and the Coal Authority to task over Aberpergwm colliery extension.

Update

Check out what else we're doing now to stop the Aberpergwm coal mine expansion

See our first letter and our second letter 'before action' from lawyers Richard Buxton Solicitors challenging the decisions made around the Aberpergwm coal mine expansion licence.


 

Under direction by grassroots campaign organisation, Coal Action Network, Barrister Estelle Dehon has sent a letter-before-action to the Welsh Government and the Coal Authority on the grounds that:

  1. Welsh Ministers can apply the Wales Act 2017 to the Aberpergwm coal mine extension licence - requiring approval from Welsh Ministers before the licence becomes valid for coal mining within Wales.
  2. Coal Authority misinterprets its own powers. It can consider wider factors which could include climate change and can still withdraw the licence for the Aberpergwm colliery extension prior to it being ‘granted’ (it is currently only ‘offered’).

Our Barrister thinks they got it wrong.

Our Barrister’s pre-action letter convincingly puts the power to stop the Aberpergwm colliery extension licence firmly in the hands of Welsh Government Ministers. Now it is up to those Ministers to take their rhetoric and put it into swift, decisive action to stop this climate calamity whilst there is still the opportunity to do so. Our pre-action letter also identifies why The Coal Authority, hosted by BEIS of the UK Government, isn’t bound by the narrow set of criteria it claims to be, and could, for instance, site climate change as a reason to withdraw this licence and reject future coal mining licence applications, becoming an ally to our climate commitments rather than an undermining force.

We tried knocking on their doors before putting a letter through their letterboxes…

Coal Action Network tried to avoid legal action, with supporters sending over 4000 emails to Lee Waters of the Welsh Government and Michael Gove of the UK Government, urging them to come to work together and arrive at a common understanding as to which could intervene on the pending licence to extend the Aberpergwm colliery—and then take that action to stop the licence before it’s granted. However, along with our open letter, Ministers ignored thousands of concerned members of the public. As Ministers refuse to respond to the public’s and civil society’s concerns, we must resort to this legal action.

We hope they see sense.

We hope that the Welsh Government and The Coal Authority act swiftly to stop this coal mine, in accordance with the legal grounds identified within the pre-action letter. This may avoid the need for a judicial review. But we cannot allow it to go unchallenged, that every institution and individual involved has shrugged off the responsibility for committing us to the extraction of 70 million tonnes of coal, selling 40 million tonnes of coal, and the release of 1.17 million tonnes of methane and c.100 million tonnes of CO2. This is a terrible climate injustice, it must be stopped, and those responsible must be held to account. The time to draw a line in the sand is now. No new coal mining for any purpose. And the IEA agrees with us (p103).

It's not just about the Aberpergwm colliery extension. This needs to end.

If we must resort to a judicial review to prevent this coal mine, we intend to crowd-fund it and we hope you’ll share it widely. As well as stopping this coal mine extension, a successful legal challenge will dissuade the other coal companies which have conditional licences from the Coal Authority to attempt new coal mines. We would significantly raise the bar against new coal mines.

Published: 09/02/22

Share now:

Subscribe
Notify of
guest

2 Comments
Oldest
Newest Most Voted
Inline Feedbacks
View all comments
Wroe
Wroe
2 years ago

Have you ever visted South Wales …?? I doubt it with these comments. Port Talbot steel works is 20 mins away from Aberpergwm colliery and probably pumps out more pollution. ..the sky’s are orange on some nights …

Mel Price, Swansea Climate Action Network
Mel Price, Swansea Climate Action Network
2 years ago

Well done CAN, this issue is too important to played like a political football.
We in Swansea, Neath and Port Talbot are interested in opening up a wider debate regarding the production of steel in Port Talbot which is where the coal will end up.
TATA steel has applied for UK funding to help finance the installation of electric furnaces, this must be considered as an answer to problem otherwise the coal will simply be imported from abroad.
We are seeking to engage with residents, industry, trade unions, local and national governments, protest groups and anyone else wanting to take part in meaningful discussion to ensure a just transition to greener, healthier future for all. This will initially take the form of a people’s assembly, details to follow.

Never miss an update! Sign up to our Newsletter

OTHER STORIES

Under pressure: Europe’s largest mining investment conference

As B Labs doesn’t seem bothered was the public says, we asked supporters to contact other B Corps – who are effectively B Labs customers. Almost 20,000 emails were sent to over 60 B Corp status companies, asking them to take a stand with us…

Coal tip remediation – not coal tip mining

The Welsh Government’s long-awaited Bill is expected to be presented to the Senedd before the end of 2024. The very recent Cwmtillery tip slip will make this Bill a more politically charged issue. It will also raise scrutiny over whether measures in the new Bill mark a sufficient improvement on the Mines and Quarries (Tips) Act 1969…

Türkiye’nin Kömür Kullanımına Devam Etmesi

Kömür Eylem Ağı (Coal Action Network), 2024 yılında Türkiye kömür endüstrisini araştırdı. Bu makalede, bulgularımız ve Türkiye’deki kömür, hava kirliliği, Rusya savaşı ile karbonsuzlaştırma arasındaki ilişkiler inceleniyor.

e-action to stop this year’s Mines and Monday Conference

Last December in London, the CAN team protested with other climate campaigners for two days in freezing temperatures outside one of the world’s biggest events funnelling investment into expanding mining globally. The ‘Mines and Money Conference’ held in London’s Business Design Centre connected investors with projects and companies responsible for human rights abuses, ecocide, and fuelling climate chaos…

UK Government makes it official: coal mining no more

The UK Government has laid a Written Ministerial Statement confirming that it will introduce legislation to “restrict the future licensing of new coal mines”, by amending the Coal Industry Act 1994, “when Parliamentary time allows”. The UK Government’s press release is entitled “New coal mining licences will be banned”. Here at Coal Action Network, we thinks it’s great that the UK Government is following…

Turkey’s deadly coal consumption

(Türkçe olarak mevcuttur) Coal Action Network investigated the Turkish coal industry in 2024. This article looks at our findings and the links between Turkish coal, air pollution, Russia’s war and decarbonisation.

We have to do better by steelworkers…

Former steelworker, Pat Carr, spoke to Anne Harris from Coal Action Network about the financial support offered to workers when the Consett steelworks closed in 1980, and they discussed what can be done better, in workplaces like Scunthorpe steelworks. (Article published in Canary magazine)

Another nail in the coffin for West Cumbria Mining Ltd

The proposed West Cumbria Coal mine lost its planning permission in September 2024. Since then its application to get a full coal mining license was refused by the Coal Authority, another nail in the coffin of the proposed coking coal mine.

Glan Lash extension: the second attempt

Bryn Bach Coal Ltd is the coal mining company that operates the Glan Lash opencast coal mine, which has been dormant since planning permission expired in 2019. In 2018, it applied for an extension which was unanimously rejected by planning councillors in 2023. Undeterred, Bryn Bach Coal Ltd is trying again! This time with a slightly smaller extension of some 85,000 tonnes rather than 95,000 tonnes…

CONNECT WITH US

Share now:

2
0
Would love your thoughts, please comment.x
()
x