High Court agrees to hear coal mine legal challenge
A High Court judge has given the go ahead for 2 legal challenges over the government’s decision to grant planning permission for a controversial new underground coking coal mine in West Cumbria to proceed to a 3 day hearing.
The decision has been welcomed by South Lakes Action on Climate Change (SLACC) and Friends of the Earth - the organisations behind the legal claims.
The cases will now be heard at what’s known as a ‘rolled up’ hearing which in practice this is the same as a trial. As long as permission is given in day one, the trial will last for three days and is likely to take place 24th to 26th October 2023.
Earlier this week, it was reported that a Supreme Court appeal over plans to allow oil drilling at Horse Hill in Surrey, brought by the appellant Sarah Finch, could set a precedent for the legality of approving new fossil fuel developments. The landmark challenge is due to take place on 21 June, with the company behind the Cumbrian mine intervening as an interested party. Both organisations legal challenges against the Whitehaven mine approval link to the Horse Hill case.
Friends of the Earth and SLACC launched their legal challenges in January after Michael Gove, Secretary of State for Levelling Up, Housing and Communities, gave planning permission to the new coking mine in December 2022. The organisations were the 2 main parties opposing the coal mine at the planning inquiry which took place in September 2021.
SLACC and Friends of the Earth contend that Mr Gove failed to account for the significant climate impacts of the mine, including the acceptability of carbon credits to offset the mine’s emissions, the international precedent that opening a new mine would set and the impact of opening the mine on the global coal market. For further details of the challenges see https://www.coalaction.org.uk/2023/01/27/legal-challenges-whitehaven/
Maggie Mason of SLACC said:
“This is a positive and sensible decision. Having looked at the submitted papers, the Court has decided it is worth scheduling a three-day hearing on SLACC and Friends of the Earth’s legal challenges. SLACC members and supporters will observe the Finch versus Surrey County Council Hearing in June, and hope that the death and destruction caused by burning oil and gas will, in future, be taken into account before any new mines and oil wells are given planning permission."
Friends of the Earth campaigner, Tony Bosworth, said:
“We’re delighted the court agrees that our legal challenge against this mine deserves to be heard. We believe the Secretary of State made significant climate-related errors when he granted planning permission for this development, and that his decision was unlawful. With climate breakdown accelerating even faster than scientists predicted, it’s more important than ever that ministers’ decisions reflect the long-term interests of people and the planet, and not misguided short-term political considerations."
Lots of groups have taken action since the government approved a new coal mine, proposed for Whitehaven, Cumbria, on the 8th December 2022—including:
The day the planning permission was overturned! On the 13th September South Lakes Action on Climate Change and Friends of the Earth won their case, against the Conservative Government's decision to allow a new coal mine. Following a hearing in the High Court in July 2024. Delighted campaigners gathered outside the former County Hall in Kendal and in Whitehaven Market Place to hear the news together this morning.
The Judge, Mr Justice Holgate ruled, "The assumption that the proposed mine would not produce a net increase in GHG emissions, or would be a net zero mine, is legally flawed"
Demonstrations took place in Whitehaven and in London, in support of the court case at the High Court 16th to 18th July looking to overturn the Conservative Government's approval of the proposed coal mine. People gathered twice in Whitehaven to show the foundations that the case relied on and called for Governmental action to increase jobs in the West Cumbria area. London demonstrations took place just before the case opened and on day two, showing this is an important issue for many people.
Coal Action Network asked Who will stop coal? in early June 2024, 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, with photos taken of over 30 protestors dressed in orange suits. The action was designed to get the attention of candidates in the General Election. 5 political parties have said that they would take action against coal mining.
Just Stop Oil supporters have targeted the offices of Conservative MP Mark Jenkinson in Maryport, Cumbria on the 26th April four individuals plastered his officers with posters that read: “Mark Jenkinson is telling giant porkies about coal & jobs. He just wants to please his Tory billionaire chums. The rich will get richer, the jobs won’t last & no-one needs the coal…” A group of Just Stop Oil supporters joined the action takers outside the office, putting up ‘Crime Scene’ tape and holding up signs saying ‘PEOPLE vs COAL’. It is not the first protest against Mark Jenkinson for his support of the proposed mine.
The insurance industry found itself in the spotlight over the end of February/ beginning of March as a Global Week of Action blossomed across the world beginning February 27th. In 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. In the UK many of these actions called on insurance companies to refuse to insure the proposed West Cumbria coal mine and East African Crude Oil Pipeline (EACOP). More details here. Yet another leading insurance company, Probitas, has ruled out insuring the proposed West Cumbria coal mine.
People hailing from Cumbria to London, and everywhere in between, descended on the Mines and Money Conference in London across two days (28th-29th Nov 2023). We demanded that investors stop pouring cash into the mining sector, and instead invest in our collective future. Together with Fossil Free London and other groups, we greeted investors with flyers highlighting risks to investments in mining that mining companies want to hide—such as successful grassroots resistance to mining projects around the world.
On Friday 27th October, visitors and residents travelling in Cumbria were met by a powerful message of opposition to the proposed new coal mine at Whitehaven. Large banners were hung at major roads across the county, declaring this is “No Time for a Coal Mine”. The banners were hung at the M6 junction at Penrith, on the A66 at Keswick and Cockermouth, on bridges over the Staveley by-pass and the A591 at Kendal, at Garsdale Head and at Whitehaven itself.
Meanwhile, posters emblazoned with “No Time for a Coal Mine” appeared all around Kendal and Penrith. On Saturday 28th October, the Cumbrian Canaries made an outing at the Winter Droving festival in Penrith, raising the alarm about the proposed coal mine and handing out around 800 leaflets to the revellers.
October's Speakers' Corner hosted Prof. Julia Steinberger, an IPCC 6th Assessment Report author who said that demand reduction is needed to reduce the worst impacts of climate change, and that we already have the technology to ensure this can happen while ensuring a comfortable life. There were 5 other brilliant speakers.
The event was planned to mark the first day of the legal challenge against the Government's approval of the mine proposal, but the hearing has been postponed until after a linked case, which will decide whether the end use emissions need to be considered when giving planning consent. This would mean that the emissions from consuming coal from this site in steelworks would need to be counted, not just those released from mining. Further Speaker's corner events took place in November and December.
On the 18th October, hundreds of protesters occupied the plush City of London offices of ten Lloyd’s of London insurers demanding they rule out insuring the proposed West Cumbria coal mine and the East Africa Crude Oil Pipeline (EACOP). Earlier that day the protesters marched waving banners saying “Don’t Insure EACOP” and “Don’t Insure West Cumbria Mine” to three high profile buildings including the “Walkie Talkie” where in a coordinated swoop, activists are causing disruption in the office foyers of Ascot, Talbot, Chaucer, Markel, Allied World, CNA Hardy, Tokio Marine Kiln, Sirius International and Lancashire Syndicates. The activists staged a sit-in. More details here.
On the 15th September, the Global day of action against fossil fuel finance, kicked off demonstrations at the offices of Lloyd of London Insurance companies kicking off the campaign to ensure West Cumbria Mining Ltd don't get insurance for the proposed coal mine. Demonstrations took place in places including London, Manchester, Leeds, Sheffield, Birmingham, York, Wrexham, Croydon and Cardiff.
At September's Speakers' Corner event the demonstrators heard from Sarah Finch, Weald Action Group, about the proposal to extract oil in Surrey - which she is challenging in the Supreme Court.
Michael Gove referenced the High Court decision on the case of Horse Hill in Surrey, and used that case to justify excluding the greenhouse gas emissions that would arise from burning the coal from the mine. Sarah's court case questions how end use emissions can be ignored in projects like oil or coal extraction. The Horse Hill decision is awaited and will likely influence the outcome of the legal challenges against the Whitehaven proposal and therefore whether the mine goes ahead.
At the end of August 2023 Earth First! squatted the site of the proposed Whitehaven coal mine and held a week long gathering packed with inspiring discussions, delicious food, wonderful workshops, lots of sock wrestling and some spectacular sunsets! It was a week of radical ecological existence, bursting with love and burning with revolutionary spirit. Their message was
As thousands of visitors travelled into Cumbria for the busy August bank holiday they were met with a powerful statement: 25 large banners opposing the proposed new coal mine near Whitehaven with the words ‘NO TIME for a COAL MINE’ on all the roads into Cumbria.
Leafleting also happened in Carlisle, Keswick, Kirkby Lonsdale and Penrith with a good reception.
Not Coal, Not Dole, speakers' corner on the 22nd July Just Transition and Climate Jobs saw people come to the proposed site from across the North. Speakers included: Willie Black from Scot E3 and Unite the Union; Joseph Healey, Left Unity and Unite the Union, Gail Bradbrook founder of Extinction Rebellion whose father was a coal miner and Clara Paillard Former President of PCS union Culture group compared.
30th June speakers' corner where those there heard four very informative and inspirational speakers - all of whom underlined the extreme recklessness of even considering building a new coal mine; and pointed out how what west Cumbria - and especially its young people - needed, and could have, was many more good, long-term, green jobs that didn't wreck the climate and, instead, would help build a better & more sustainable future for the local community.
Chris Packham joined Friends of the Earth, Extinction Rebellion and others at the first ‘Speaker’s Corner’ event outside the gates of the proposed site in May 2023. This is now a regular event.
South Lakes Action on Climate Change and Friends of the Earth are running legal challenges against the Government’s December 2022 approval of the coal mine. Both organisations assert that the decision to grant planning permission for the coal mine was unlawful, as the Secretary of State did not properly consider the climate impacts of this mine. A judge will decide if there is a case to answer, and, if so, will hear that case in a three day trial 24th to 26th October.
Extinction Rebellion North Lakes and others at the ‘Big One’ protests in London in April protested outside Javelin Commodities, because the company has agreed to sell any coal extracted from the site to steelmakers, predominantly outside of the UK. During 4 days of protests there were numerous banners and placards from various groups against the proposal in Cumbria.
In February 2023, vicars and other Christians protested outside the Leeds, Manchester and Newcastle offices of Ward Hadaway, lawyers for West Cumbria Mining Ltd, and the London headquarters of Javelin Global Commodities, who intend to sell coal for West Cumbria Mining Ltd. Christian Climate Action are calling on both companies to “cut the ties” with the proposed new coal mine in Cumbria. The protesters held banners with the message ‘Coal is killing humanity’ and delivered letters asking the organisations to end their involvement with West Cumbria Mining, the company behind the coal mine.
In mid-January Extinction Rebellion protested dressed as canaries outside of the Department for Levelling Up, Housing and Communities that approved the application, lighting smoke bombs and spreading out a fake oil slick.
Just before Christmas (2022) a gang of Santas delivered sacks of faux coal to Michael Gove for being a very naughty boy at his Department of Levelling Up, Housing, and Communities in an action by Coal Action Network and Lush cosmetics. The Santas held signs reading “Christmas coal for climate criminal Gove” after Gove’s approval of the coal mine application.
A wide range of groups and individuals protested at the proposed coal mine site outside Whitehaven in December 2022 during the week following the Government’s approval of work at the site. There were speeches and a commitment to ensure that this coal stays in the ground.
XR North Lakes gathered in Penrith on December 9th following the Government’s approval of the mine scheme.
After 20 years of campaigning, last night (26/04/23) Merthyr Tydfil residents, Coal Action Network, Friends of the Earth Cymru, the Green Party, XR and other environmental campaigners finally collectively stopped Ffos-y-fran opencast coal with the Council’s refusal of permission to extend its climate chaos until 2024! This is an important step forward for the environmental movement across the UK.
Local people have suffered 16 years of dust, noise and a changing landscape, as 400 hectares of land got destroyed and 11 million tonnes of coal removed. The Welsh Government permitted what became the UK’s largest opencast coal mine to start in 2005 and, together with the local council, allowed it to keep mining after planning permission ran out in September 2022. An extension application to keep extracting coal until March 2024 was unanimously rejected by Merthyr Tydfil County Borough Council on the 26th April.
At the planning hearing, the Council’s Planning Officers recommended that the application be refused, as it does not comply with Welsh law on coal mining.
Over 1,400 letters of objection written by Coal Action Network’s supporters were highlighted in the planning hearing, showing the large national and international demand to keep all coal in the ground. This highlights that Councils are being watched when they decide fossil fuel project permissions and should make them more accountable.
Merthyr (South Wales) Ltd, the coal mining company, claimed that it was under no legal commitment to contribute to the restoration fund—which the council disagrees with; it failed to provide details of what proportion of coal used at Port Talbot came from Ffos-y-fran; it failed to pay dues to the council whilst mining without permission since Sept 2022. There is only a £15 million deposit in the restoration fund, when between £75m and £125m is required to put back the site
In the hearing, elected Councillors voiced serious concerns about the potential shortfall of at least £60 million to deliver the restoration long-promised to local residents, and the lack of enforcement action by the Council when the mining company simply kept mining after planning permission expired. They both need to be addressed urgently. We’ll be fighting for justice alongside local residents until it is delivered.
Over the years there has been wide and varied resistance to Ffos-y-fran opencast coal mine. A non-exhaustive list includes:
In January 2017, the United Nations special Rapporteur on toxics and human rights, Baskut Tuncak visited Merthyr Tydfil. At the time he said, “The first observation that came to mind was how incredibly close this community is to a massive open pit coalmine...I heard allegations of very high rates of childhood asthma and cancer clusters within the community. But despite those allegations I didn't hear any evidence of a strong intervention by the government to investigate or any strong reaction by the companies concerned to investigate themselves.". In the resulting report it said, “the Aarhus Convention’s Compliance Committee found that the UK was in breach of its obligations to ensure access to justice by in essence excluding the public from court procedures by prohibitively expensive cost requirements.”
In the planning hearing, the issue of the mine workers’ jobs was raised, but the Council made clear that the coal company should have been preparing workers for the end of coal mining on the site, as has been expected since 2011, and highlighted that workers were still required to restore the site in the coming years. Coal Action Network and others call on the company, with support from the Welsh Government to ensure a truly just transition for workers which could include them being invited onto the current Universal Basic Income pilot.
We are relieved that the Council saw sense and put an end to this climate trashing coal mine. There is work to be done to ensure the best possible restoration of the site, bringing the area back into public use. The Welsh Government and Merthyr Tydfil County Borough Council need to take urgent enforcement action to stop coaling and ensure that the restoration is paid for, in full by the mining company.
Published: 27. 04. 2023
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’re bringing the award winning FINITE: The Climate of Change to a cinemas near you!
FINITE: The Climate of Change, features the Campaign to Protect Pont Valley in England and the occupation of the Hambacher forest in Germany. It reveals the relentless campaigning, direct action and creative protest, concerned people took to stop further destruction in both locations. The film shows scenes similar those of the 35,000 people taking action against RWE’s destruction of the village of Lützerath, Germany, earlier this year.
We're holding question and answer sessions on how you can get involved in current anti-coal battles after each of the screenings listed below.
The film is not yet available online, so head down to one of our events in the next couple of months to watch it with us. Bookings not necessary unless noted below, just come on the day.
Want to know more about the campaign in the Pont Valley – check out our blog ‘Coal is finite, but we are relentless’ for the background.
See you at a screening, full listings below.
Thursday 6th July 6.30pm food, 8pm film Cloudwater Brewery Taproom Manchester - RSVP at https://finitetheclimateofchange.splashthat.com/ hosted by Patatonia
For more screenings, without Coal Action Network's attendance see https://www.finite-film.com/screenings
Get in touch if you'd like to show Finite: the climate of change in a cinema near you!
Wednesday 15th February Dukes cinema, Lancaster followed by Q&A with film maker Rich Felgate and Coal Action Network
Thursday 16th February Dukes cinema, Lancaster
Friday 17th February Alhambra Cinema, Keswick followed by Q&A with film maker Rich Felgate and Coal Action Network
Tuesday 21st February Cameo, Edinburgh followed by Q&A with film maker Rich Felgate and guests
Thursday 23rd February Rio Cinema, East London
Sunday 26th February Gate Notting Hill, West London followed by Q&A with film maker Rich Felgate and guests
Monday 27th February Cinema City, Norwich followed by Q&A with film maker Rich Felgate and Coal Action Network
Tuesday 28th February Electric Cinema, Birmingham followed by Q&A with film maker Rich Felgate and guests
Wednesday 1st March Brewery Arts Centre, Kendal followed by Q&A with film maker Rich Felgate and Coal Action Network
Sunday 5th March Hackney Picturehouse, East London
Monday 6th March Harbour Lights, Southampton followed by Q&A with film maker Rich Felgate and Coal Action Network
Wednesday 8th March Crouch End, North London followed by Q&A with film maker Rich Felgate and guests
Wednesday 8th March , Glasgow (no Q&A)
Thursday 9th March Doors from 5.30-6.15pm Patagonia Store, Bristol. Now Fully Booked. Followed by Q&A with film maker Rich Felgate and Coal Action Network. (Please get in touch if you'd like to help arrange another Bristol screening)
Friday 10th March Tyneside Cinema, Newcastle followed by Q&A with film maker Rich Felgate and guests
Monday 13th March Bertha DocHouse, Central London followed by Q&A with film maker Rich Felgate and guests
Tuesday 14th March Volcano Theatre, Swansea followed by Q&A with film maker Rich Felgate and Coal Action Network
Wednesday 15th March Chiswick Cinema, West London (tickets coming soon) followed by Q&A with film maker Rich Felgate and guests
Thursday 16th March Space4, London Finsbury Park followed by Q&A with film maker Rich Felgate and guests
Monday 20th March Picturehouse Central, Central London followed by Q&A with film maker Rich Felgate and guests
Tuesday 21st March Little Theatre, Bath followed by Q&A with film maker Rich Felgate and Coal Action Network
Wednesday 22nd March Duke's at Komedia, Brighton followed by Q&A with film maker Rich Felgate and Coal Action Network
Thursday 23rd March Regal, Henley
Saturday 25th March Showroom, Sheffield followed by Q&A with film maker Rich Felgate
Sunday 26th March City Screen, York
Monday 27th March Arts Picturehouse, Cambridge followed by Q&A with film maker Rich Felgate and guests
Tuesday 28th March Phoenix Picturehouse, Oxford followed by Q&A with film maker Rich Felgate and guests
Wednesday 29th March FACT, Liverpool followed by Q&A with film maker Rich Felgate and guests
Wednesday 19th April 6pm. Taj Mahal Community HWB Machynlleth Hosted by Climate Camp Cymru 2024 Tickets free/by donation on the door, join us for soup before the film.
Wednesday 3rd May 7.45pm Alhambra Cinema Penrith
Friday 19th May 7pm Taliesin Arts Centre Swansea
Sunday 2nd June 7pm The Stove Network and Cafe (100 High St, Dumfries DG1 2BJ) Dumfries (Free screening)
Sunday 11th June 7pm Kirkgate Arts Centre Cockermouth hosted by XR North Lakes and West Cumbria & North Lakes FoE
In December 2022, the UK government approved a 2.78 million tonne a year coking coal mine proposed for Whitehaven, Cumbria. South Lakes Action on Climate Change (SLACC) has started proceedings for a Statutory Review of this decision. At the same time, Friends of the Earth have also filed a legal challenge. This article looks at the grounds for these legal challenges.
While there are at least 11 arguments why the decision is wrong, only the process behind arriving at the decision can be challenged at a Statutory Review, rather than the decision itself.
Below are the 4 grounds that Richard Buxton Solicitors is challenging on behalf of SLACC, followed be the 4 grounds of Friends of the Earth’s case. A public inquiry was held in 2021, run by a Planning Inspector. After it finished, the Planning Inspector wrote up his recommendation to the UK Government in his report. The Secretary of State based his decision to approve the Whitehaven coal mine on this Inspector’s Report.
Ground 1 – error of law and/ or failure to give understandable reasons concerning substitution.
The Inspector’s report assumes there will be “some degree of substitution” between coal mined abroad, likely from the USA, and coal from Whitehaven. Unless the substitution would be 100%, as in exactly the same amount of coal extracted from Cumbria would be left underground in a permitted mine elsewhere, the mine would still result in increased global emissions. Substitution won't be anywhere near 100%, as the owners of mines elsewhere will simply sell the coal to different steelworks. The Secretary of State decided on an “overall neutral effect on climate change”, despite the increase in emissions.
Ground 2 – error of law in discounting the international impacts of allowing this mine.
Sir Robert Watson, former chair of the Intergovernmental Panel on Climate Change, gave evidence that many other countries will follow suit and approve fossil fuel projects as a result of this decision. A rare letter from Lord Deben from the Climate Change Committee concurred, the decision “gives a negative impression of the UK’s climate priorities in the year of COP26.”
The UK’s international climate reputation was a key reason that the government called in the decision, rather than allowing Cumbria County Council to make it. The Inspector’s report completely fails to deal with both sets of evidence related to this central controversial issue.
Ground 3 – errors of law concerning whether ‘downstream emissions’ caused by the coking coal were indirect significant environment effects of the proposal.
The Inspector concluded that downstream emissions - those resulting in the use of the coking coal, rather than its extraction - “cannot reasonably be regarded as indirect significant effects of the proposed development.” This is incorrect understanding of the law because of the above substitution error – as other coal will not be 100% substituted for mining reduction elsewhere, but also a misunderstanding of the implications of a cited court case (Finch). Without this coal being mined, it wouldn’t be burnt and so there would be significantly fewer downstream emissions.
Ground 4 – unlawful disparity of treatment of the parties and error concerning the approach to the burden of proof.
The Inspector applied different standards to the parties throughout the inquiry. The National Planning Policy Framework (NPPF), paragraph 217, imposes a high threshold of evidence as to the benefits of a coal mine on the applicant rather than those opposing it. The Inspector seemed to do the opposite, imposing a higher threshold upon testimonies against the coal mine development. This might have influenced how the Government later interpreted the testimonies through the Inspector's report.
Ground 1: Approach to considering the effect of the development on the UK’s Sixth Carbon Budget.
The impact of the mine on the UK’s Sixth Carbon Budget, which covers the years 2033 to 2037, was a key issue in the Public Inquiry.
The mining company had entered a legal agreement requiring it to buy international carbon offset credits to offset residual emissions from the mine. In the decision letter the Secretary of State concluded that this requirement meant the mine would be net-zero for the purposes of the Sixth Carbon Budget. That conclusion was wrong and unlawful. Such offset credits do not count towards the UK’s carbon budgets.
Ground 2: Approach to considering the international impacts of the decision.
Similar to SLACC’s Ground 2 reasoning.
Ground 3: Approach to ‘substitution’ of WCM coal and the global coal market.
Similar to SLACC’s Ground 1 reasoning.
Ground 4: Earlier court case (Finch) and downstream emissions.
The Secretary of State’s reasoning closely follows the judgment of the Court of Appeal in the case of R (Finch) v Surrey County Council, both in terms of whether downstream emissions should have been the subject of environmental assessment, and in terms of the case-by-case assessment of their materiality. It is argued that this is a misinterpretation of the judgement, similar to SLACC’s Ground 3.
As both legal challenges base one of their grounds on the R (Finch) v Surrey County Council court case, and which is subject to a Supreme Court decision going to court in June, it is expected that the challenges against the coal mine will be delayed until after the R (Finch) v Surrey County Council court case is heard. Once a single day hearing has happened, a decision will be given as to whether or not the government has to remake the decision on the Whitehaven case.
The full documents can be read on SLACC’s website https://slacc.org.uk/cumbria-coal-mine/
More details on the challenge by Friends of the Earth are available at https://friendsoftheearth.uk/climate/legal-challenge-filed-over-cumbrian-coal-mine
At the end of 2021, Boris Johnson said, “I’m not in favour of more coal” in response to questions about the proposed Whitehaven coking coal mine during the Glasgow COP26 climate summit. Yet today a massive new underground coking coal mine has been approved just after COP27. The coal will largely be sold abroad as it is too polluting to be used by UK steel works. [1]
Since 2014, West Cumbria Mining Ltd has been looking to extract 2.78 million tonnes a year of coking coal off Whitehaven. Today, Michael Gove, Secretary of State for Levelling Up, Housing and Communities approved the mine following a public inquiry in September 2021. Both South Lakes Action on Climate Change (SLACC) and Friends of the Earth presented evidence as formal participants at the inquiry. There will likely be further legal action by one or both organisations against the approval. You can support the legal battle against the mine (live 8th December). Further permissions are still needed for the mine to commence.
"I am appalled that Michael Gove, has approved a new coal mine in Cumbria. The UK Government has failed to keep UK planning law and guidance on coal in line with UK Climate targets, or with the needs of UK industry, leaving ambiguity, uncertainty and loopholes that have enabled an Australian coal company to extract coking coal unfit for the UK or EU steel industry right up to 2050. This is part of a pattern of UK consents for new oil, gas and coal extraction that makes a mockery of our supposed leadership role in this year of COP26.
Our government are failing to foster long lasting jobs either in West Cumbria or in the UK steel industry. Our legal team at Richard Buxton Solicitors, are examining the decision in detail to assess whether there are grounds for a legal challenge.
The government "is satisfied that there is currently a UK and European market for the coal (IR21.33), and that although there is no consensus on what future demand in the UK and Europe may be, it is highly likely that a global demand would remain (IR21.60)." This is despite the coal being largely unusable by UK steelmakers.
The decision letter goes on to say, "the development of the mine would not encourage the continued use of blast furnace production methods that would otherwise have been closed or converted to lower carbon technologies" which flies against reason.
Prior to the government deciding that it would make this planning decision, over-ruling Cumbria County Council, Lord Deben Chair, Climate Change Committee wrote to Michael Gove’s predecessor. Lord Deben said, “The opening of a new deep coking coal mine in Cumbria will increase global emissions and have an appreciable impact on the UK’s legally binding carbon budgets. The mine is projected to increase UK emissions by 0.4Mt CO 2 e per year. This is greater than the level of annual emissions we have projected from all open UK coal mines to 2050.”[2]
He went on to say, “Coking coal use in steelmaking could be displaced completely by 2035, using a combination of hydrogen direct reduction and electric arc furnace technology to meet our recommendation that UK ore-based steelmaking be near-zero emissions by 2035.”
Coal Action Network will continue to work with local people and others in opposition to this project. Get in touch (info@coalaction.org.uk) if you’d like to be part of it or if you have media inquiries.
[1] Cumbria County Council Executive Director - Economy and Infrastructure, Development control and regulation committee Application Reference No:4/17/90077.17 (2 October 2020) multiple points, page 32
[2] There are 3 others in the licencing and planning system at present. Aberpergwm extension, Lochinvar coking coal mine, and Glan Lash opencast extension. Coal Action Network is fighting all of these applications with local people.
This week 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.
Haf Elgar from Friends of the Earth Cymru, Rhiannon Hardiman from the Future Generations Commission and Jane Dodds spoke alongside Anne Harris from Coal Action Network.
The court hearing for Coal Action Network’s Judicial Review of the Welsh Government and Coal Authority’s inaction and poor decision making, respectively, will take place in March 2022. We are hopeful that the decision will be returned to these authorities to re-decide.
Below is the summary text of the written briefing given out at the event and the full document can be downloaded in Welsh and English from below.
Mae Cymru wedi cymryd camau pendant yn erbyn cloddio am lo yn y blynyddoedd diwethaf. Defnyddiwyd Deddf Cymru 2017 i rwystro estyniad i waith glo brig Nant Helen. Mae angen gweithredu tebyg nawr yn erbyn pwll glo tanddaearol Aberpergwm.
Mae Energybuild Cyf. yn ymestyn ei bwll glo golosg Aberpergwm ac am barhau i wneud hynny tan 2039. Mae hyn yn mynd yn groes i Ddeddf Llesiant Cenedlaethau’r Dyfodol drwy waethygu’r argyfwng hinsawdd a fyddai’n effeithio ar y genhedlaeth nesaf o amgylch y byd, yn ogystal â niweidio enw da Cymru’n rhyngwladol.
Mae gwaith dur Port Talbot yn bwriadu datgarboneiddio drwy drawsnewid i wneud dur newydd o fetel sgrap heb ddefnyddio glo; fel arall bydd yn rhaid iddo gau, gan ddiswyddo ei staff, a’r rhai mewn cadwyni cyflenwi. Does dim lle i fwy o gloddio am lo yn y Gymru fodern.
Mae glo’n cael ei gymysgu yng ngwaith dur Port Talbot ac, o’r herwydd, nid yw cloddio mwy o lo yng Nghymru’n lleihau’r swm a echdynnir mewn mannau eraill. Mae’n rhaid i fwy o lo gael ei fewnforio o hyd i’w gymysgu â glo Cymru mewn gweithfeydd dur, gan allforio rhai o’r problemau amgylcheddol a chynnal diwydiant anghynaliadwy yn hytrach na chwilio am atebion hirdymor.
Mae cyllid Energybuild Cyf. yn dangos y gallai’r cwmni hwn werthu’r pwll os yw’n gallu ymestyn. Gallai’r cwmni newydd wneud y mwyaf o echdynnu glo a gwerthu’r glo i’r cynigydd uchaf, neu ddiswyddo nifer fawr. Mae yna ffyrdd eraill o wneud dur a ffynonellau eraill o hidlo dŵr yn lle glo carreg.
Mae dau gynnig arall i ehangu pyllau glo yng Nghymru y mae angen i’r llywodraeth eu hatal, a hefyd sicrhau bod safleoedd mwyngloddio blaenorol yn cael eu hadfer yn llawn.
Glo yw treftadaeth Cymru, nid ein dyfodol.
Wales has taken decisive action against coal mining in recent years. The Wales Act 2017 was used to block the extension of Nant Helen opencast coal mine. Similar action is now required against Aberpergwm underground coal mine.
Energybuild Ltd are extending its Aberpergwm coking coal mine and want to continue to do so until 2039. This goes against the Well-being of Future Generations Act by worsening the climate crisis which would affect the next generation around the world, as well as damaging Wales’ reputation internationally.
Port Talbot steelworks is looking to decarbonise by converting to make new steel from scrap metal without using coal; otherwise it will have to close, making its staff, and those in supply chains, redundant. There’s no place for more coal mining in a modern Wales.
Coal is blended at Port Talbot steelworks and, as such, mining more coal in Wales does not reduce the amount extracted elsewhere. More coal still has to be imported to be blended with Welsh coal at steelworks, exporting some of the environmental problems and propping up an unsustainable industry rather than looking for long term solutions.
Energybuild Ltd’s finances show that this company may well sell on the mine if it is able to extend. The new company could maximise coal extraction and sell the coal to the highest bidder, or make a large number of redundancies. There are alternative ways to make steel and alternative sources of water filtration to anthracite coal.
There are two further coal mine expansion proposals in Wales which the government needs to prevent, while ensuring that previous mining sites are fully restored.
Coal is Wales’ heritage, it isn’t our future.
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]
Rich Felgate’s film FINITE: The Climate of Change, features the Campaign to Protect Pont Valley and the occupation of the Hambacher forest. It shows how, through relentless campaigning, direct action and creative protest, concerned people stopped destruction of the remaining Hambacher forest in the Rhineland, Germany. The forest was being consumed for RWE’s brown opencast coal mine. FINITE also follows opposition to the Banks Group’s opencast coal mine in the Pont Valley, Durham, UK. The Pont Valley Protection Camp started opposing the coal mine plans in early 2018.
FINITE is available to rent or buy online worldwide on Vimeo On Demand!
Numerous applications to extract coal from the Pont Valley via opencast coal methods were rejected for over 30 years by the local council, before UK Coal were given planning permission after a second planning appeal, in June 2015, although the company had gone bankrupt. Banks Group took over the license to extract coal for power stations in early 2018 and rushed to remove the first coal before the planning permission lapsed on the 3rd June 2018.
Local people, some living just 300m from the site’s perimeter, alongside activists from across Europe, set up a protest camp in February 2018 during the ‘Beast from the East’ snow storm. This action was taken just after the coal company felled an ancient hedgerow that ran through the proposed site.
UK Coal’s ecologists had found protected great crested newts on the opencast site and had promised to relocate them, to ponds in the north of the site built for this purpose. Banks Group’s ecologist, in a rush to extract coal before the deadline, conveniently found no newts at all living on the site. The assertion that there were no newts was challenged by everyone who knew the Brooms pond area well. Newts were a central theme in the campaign to stop the mine.
The Campaign to Protect Pont Valley was led by people living in the three villages surrounding the opencast site. The film shows some of the many court hearings, protests, direct action, and a private prosecution for wildlife crimes.
FINITE shows some of the victories from this campaign. The strong resistance to the opencast in the Pont Valley showed that new opencasts are unwanted and irresponsible in the face of the serious impacts from climate change already being felt. This meant that extracting 3 million tonnes of coal from a proposed opencast coal mine near Druridge Bay, in Northumberland, was rejected by central government at the end of 2020. A proposed opencast coal mine at Dewley Hill on the outskirts of Newcastle was also turned down by the planning committee of Newcastle Council in December 2020. Both of these proposals were submitted by Banks Group, who were targetted by campaigners against coal in the Pont Valley.
Although there is very little UK mining happening right now coal mining remains legal. There is currently a proposal for a new underground coal mine at Whitehaven, Cumbria, which was given permission to start in December 2022, but faces legal challenges. There is also an extension proposed to the operating underground coal mine at Aberpergwm, Neath Port Talbot, which is subject to a legal challenge by Coal Action Network.
The tactics used against Banks Group and RWE, shown in FINITE, are applicable against many other extractive industries and unsustainable projects worldwide. Less than 2 miles from where Banks Group opencast mined the Pont Valley now lies Derwentside detention centre. Tactics used in the Pont Valley are now being deployed against this detention centre for asylum seekers, which opened in 2021.
The policing seen in FINITE is familiar to many who fight for social change, and shocking to many who are not yet involved. The interactions between police and protestors in the Pont Valley lead to an academic article, Police and Private Security Responses to the Campaign to Protect Pont Valley Against Opencast Coal Extraction. Even at a low level, the police continue to support the actions of those with money, pursuing projects which are known to cause harm.
FINITE touches on the death of Waka, a much loved part of the Campaign to Protect Pont Valley who was killed fighting for Kurdish freedom by ISIS and Steffan, an embedded journalist documenting the struggle in the Hambacher Forest, killed by the police.
Share the film on Instagram, Facebook and Twitter.
An underlying message in the film is that the power of coal, as well as the actual resource, is finite—but the energy and passion of the activist movement is relentless. Together we can turn things around and build a system that puts biodiversity and people beyond profit. It’s time to get active.
