The hearing of two legal challenges against the government's approval of a 2.78 million tonne a year coking coal mine has been delayed from October, likely into the new year.
Part of both challenges rely on the outcome of a separate judgement from the Supreme Court. A judgment is due on that landmark case, over the decision to allow oil drilling at Horse Hill in Surrey, brought by campaigner Sarah Finch on behalf of the Weald Action Group. The Horse Hill challenge was heard by the Supreme Court in June and the court has not yet given judgment.
According to Friends of the Earth "lawyers for Ms Finch argued that the environmental impact assessment (EIA) carried out by developers before planning permission was granted should have accounted for the climate impacts from burning the oil extracted at Horse Hill. These are known as ‘downstream’ or ‘Scope 3’ emissions and were not accounted for during the planning process."
"Downstream emissions are increasingly being left out of environmental impact assessments when planning applications are made for fossil fuel projects, despite the huge climate impacts these projects will inevitably create, the mounting climate crisis and the UK government’s stated commitment to net zero."
"If Ms Finch’s challenge is successful, with the court potentially ruling that decision makers need to take into consideration downstream emissions before approving planning applications, the outcome of the Horse Hill case could have major implications for the future of the Whitehaven coal mine. It could open up new grounds for lawyers to argue against the mine’s approval on the basis that downstream emissions were not considered."
"The Supreme Court is not expected to give its judgment until autumn 2023 at the earliest. When that does eventually happen, the High Court will then set a date for the Whitehaven hearing, but there is likely to be a gap of at least ten weeks between judgment and hearing. Lawyers for Friends of the Earth and SLACC therefore believe a 2024 Whitehaven hearing is increasingly likely." Further details from Friends of the Earth can be read here.
Originally the two legal challenges by South Lakes Action on Climate Change (SLACC) and Friends of the Earth were rejected. Then it was decided that the cases will 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. This was planned to take place 24th to 26th October 2023. This will now not be heard until a later date.
Friends of the Earth and SLACC launched their legal challenges in January 2023 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/
1) Friends of the Earth demonstration on the first day of the legal challenge against planning permission for the mine (by Friends of the Earth and South Lakes Action on Climate Change).
🗓 Tuesday 16th July
⏰️ 9 - 9.45am
📍 Royal Courts of Justice, Strand, London WC2A 2LL
More details see here.
2) No to West Cumbria Coal Mine demonstrations
Theme: Coal is our heritage, Green Jobs our Future
Leafleting & speakers
🗓 Monday 15th July
⏰️ 5.30pm to 7.30pm (speakers at 6.30pm)
📍 Whitehaven Market Place
3) Photo opp illustrating Green Jobs
🗓 Tuesday 16th July
⏰️ 9am to 10am
📍West Cumbria Mining office, Solway Rd, Kells, Whitehaven CA28 9BG
Note: this location is NOT the mining site but the former Mining museum closer to town
Check out previous events here. Come to the next one and show your support for leaving the coal in the ground at this site and all other coal seams.
Please note the events are not organised by Coal Action Network, but a coalition of groups and Cumbria residents. More details will be added when they are available.
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."
Groups have taken action since the government approved a new coal mine, proposed for Whitehaven, Cumbria, on the 8th December 2022—including:
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.
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
On Wednesday (21/12/2022) a gang of Santas delivered sacks of ‘naughty list coal’ to Michael Gove at his Department of Levelling Up, Housing, and Communities office in Whitehall on behalf of Coal Action Network and Lush cosmetics. Holding signs reading “Christmas coal for climate criminal Gove ”, and “No new coal”, the festive action was in protest against the recent Whitehaven coal mine approval.
Since Gove announced his approval of the Whitehaven coal mine application on 7th December, he has been heavily criticised by members of his own party, the Government’s own Climate Change Committee, industry leaders, and environmental groups. Over the original coal mine timeline, the coal operator would mine 64 million tonnes of coal, resulting in 200 million tonnes of CO2, and 340 thousand tonnes of potent climate change accelerant, methane.
Gove’s 15-page letter outlining his reasons for approving the Whitehaven coal mine has already been left in tatters by steel industry leaders who have said British Steelworks can’t rely on Whitehaven coal as it’s too high in polluting sulphur. Gove’s justification was dealt another blow when Owen Hewlett, the chief technical officer of Gold Standard offsetting, called the idea of making the coal mine carbon-neutral through Gold Standard offsetting “obviously nonsense, morally nonsense and technically insane”.
Coal Action Network said “We’re here because Santa knows who’s been naughty and nice, and Gove’s top of the naughty list for approving the Whitehaven coal mine. If more coal mines are really Gove’s only levelling up offer, Santa’s got a message for him this Christmas: climate change only levels down. It’s a dead-end industry distracting from the levelling up potential of jobs with a future.”
Lush campaigns manager Andrew Butler says, “Lush will be Santa for lots of people this Christmas and while we usually provide nice presents, Gove is firmly on our naughty list. But to say Gove has been naughty is a gross understatement. His reckless decision to approve a new coal mine in West Cumbria puts us all on the path to climate catastrophe and makes extreme weather like the floods that displaced tens of millions of people in Pakistan more likely. Gove is not just naughty, he is a climate criminal.”
In a joint statement Coal Action Network and Lush Santas say, “We must remember that individuals are making these decisions that cost us billions, our quality of life, and our very future. Where is the individual accountability for that? Families are freezing in their homes this winter because someone in Government effectively stopped the home insulation programme around a decade ago. Instead of holding that person responsible and reversing that damage, Gove approves a coal mine for a steel industry that doesn’t want it, derailing our climate promises. Santa is all about individual accountability and doesn’t care if someone hides behind a Ministerial title—so these sacks of ‘coal’ are delivered to Michael Gove personally this Xmas.”
The UK Government has produced a 15 page letter plus appendices which outlines the reasons for granting permission to the Whitehaven coal mine application (Ref: 4/17/9007). This is mostly in the form of highlighting points on which Michael Gove agrees with the Planning Inspector , Stephen Normington, who also recommended granting permission for the application.
We have criticisms of each argument and are left wondering who’s interests really underpin Gove’s shock decision to approve the coal mine...
Tata steelworks in Port Talbot has publicly called on the UK Government to co-fund its transition to Electric Arc Furnace steel production which uses little or no coal—or it has warned it’ll shut down in 2023. Tata is the largest steelworks in the UK.
British steel industry chiefs have further said that British and European steelworks will be largely unable to use Whitehaven coal as it is too high in sulphur.
This involves some mental gymnastics, but essentially—it’s based on flawed reasoning that because West Cumbria Coal Mining Ltd can’t control how steelworks use the coal, it isn’t responsible for the resulting emissions. If end-use emissions can’t be a reason to refuse the coal mine, neither can end-use be a reason to approve the coal mine, yet end-use is precisely the basis for the coal mine’s approval.
This absurdity is based on coal industry testimony referring to supposed ‘swing suppliers’ of coal in the USA. Not only is this potentially biased and based on one country, it also wasn’t demonstrated that the market it responsive enough to reduce supply with Whitehaven’s production. Yet, Gove’s claim that emissions won’t increase is based on substitution that largely relies on this unsubstantiated testimony. It also rest on the notion that ‘if we don’t do it, someone else will’—an approach if everyone took, would mean no one would ever take action to reduce emissions and large parts of the world would become uninhabitable.
Gove’s letter is careful not to say the coal mine will be net-CO2 neutral, only that it’ll seek to be—because, like all greenwash, it’s quickly shown to be empty promises to justify climate-trashing business as normal. Issues with off-setting aside, the off-setting scheme the coal mine cited in its application publicly rejected working with a coal mine soon after, and the head of Offsetting Gold Standard called the idea of offsetting a coal mine “nonsense”. Whitehaven coal mine will emit 340,000 tonnes of climate accelerating methane, only some of which is intended to be captured, and even the coal operator admits this will only start 4 years into the project.
Given the weakness of Carbon Capture and Storage (CCS) and despite the billions pumped into its research and promotion so far, the only way to achieve steelworks decarbonisation will be removing coking coal from steelmaking. CCS has done little more than to continue business-as-normal by gambling on a largely unproven, expensive, energy-intensive technology that may create a future time-bomb and is yet to capture 100% of emissions anywhere.
Gove admits that the Coast-to-Coast pathway that beings in Whitehaven will be significantly and negatively impacted by the coal mine structures. This pathway draws tourism to the area.
Gove’s conclusion that tourism won’t be significantly reduced seems incompatible with admitting the coal mine would have a significantly negative effect on the leading draw for tourism to the area, the Coast-to-Coast pathway.
Arguments for the economic benefits to the area from the coal mine does not consider the costs to the economy from climate change, reduced tourism, and the distraction this creates from supporting sustainable industries creating jobs for the future. It is also based on assumptions such as workers relocating rather than commuting for work at the coal mine.
It’s recognised that the landscape impact from above-ground structures is unacceptable. Yet, without any details, this ‘unacceptable impact’ is somehow quantified into a price, and that is weighed as worth less than the supposed economic benefit of the coal mine. This isn’t a technical decision—it is wholly subjective about what we consider the environment to be worth.
The subject of recent research by Coal Action Network, the UK is littered with under-restored or unrestored coal mines—right now, Merthyr (South Wales) Ltd is threatening to walk away from the UK’s largest coal mine without completing the restoration promised. The promise of restoration is rarely one that is kept and cannot be relied on. The ecosystem, and the lives supported by it, currently on the land also won’t be put back—it is as unique as each of us, and will be lost forever. The idea that a new one will be the same as the old one, that ecosystems and lives are interchangeable, is a subjective view to justify its termination.
Following today's (7th December) shocking decision that the UK government are allowing a new underground coking coal mine under the sea by Whitehaven Cumbria, we invite you to show your disdain and join our protest.
Read the full story regarding the approval of this mine see our blog post.
The action is a twitter-storm now that a decision has been made. We’re sorry that this action is only available to those who have a twitter account. If the wrong decision is made there will be more actions in future that don’t need a twitter account. Join our mailing list to keep up to date.
Step 1
Make a sign saying with your reaction to the news – that might be “Dismayed” or “fight’s not over” (because it’s not!) etc.
Step 2
Take a selfie with your sign or get friends/ family/ colleagues in the photo with you. If you can some background in too, go somewhere that highlights where you are from – a notable landmark, a road sign with your town’s name on etc. Otherwise, whatever wall's behind you is fine!
Step 3
Tweet the photo and a caption. This could be “We reject the Whitehaven coal mine, #StopCoal @luhc @CoalActionUK”
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.
West Cumbria Mining Ltd want to extract 2.78 million tonnes of coking coal annually, right up to 2049.
Cumbria County Council approved the application; but campaigning, including a 114,000+ signature Coal Action Network petition, led government to make the decision itself and call a public inquiry. Subsequently the government approved the mine in December 2022, but the decision is subject to legal challenges. Work has not started and financing is not in place.
Coal & refuse to be excavated: 67 million tonnes in total - almost 3 million tonnes per annum (at full production) - WCM Planning Statement, Sep 2021
Coal to be sold: 64 million tonnes of coal in total - 2.78 million tonnes of coal per annum (at full production) - WCM Planning Statement, Sep 2021
CO2: Approximately 200 million tonnes of CO2 in total - 8.8 million tonnes of CO2 per annum at full production (2022 BEIS Conversion Factors)
Methane: 340,000 tonnes of methane which is 34 million tonnes CO2 equivalent (not included in the figures above) - 15,000 tonnes of methane per annum at full production (mid-range estimate, measured over 20 years, Global Energy Monitor's Global Coal Mine Tracker)
Coal operator: West Cumbria Mining (Holdings) Limited, which is 82% owned by EMR Capital Investment Limited (No. 3B PTE Ltd) registered in Singapore.
Type: Coking (metallurgical) coal
Claimed destination: primarily burned in steelworks in the UK and Europe
Local Planning Authority: Cumbria County Council
Address: from the former Marchon site, Pow Beck Valley, to St. Bees Coast, Whitehaven, West Cumbria
Physical size: principal seams to be worked would be the Bannock Band and Main Band, which are at a depth of approximately 350 metres over 23ha
Time: applying for planning permission from 2022-2049
Published: 03/08/2022
