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UK Coal round up

The recent Digest of UK Energy Statistics shows the coal situation for 2022. All unreferenced statistics come from this report and appendices.

Coal was bought by power stations last year in order to fulfil unexpected, short term contracts with the government worth £420 million to extend power station's lives while air quality environmental regulations were not enforced.

In 2022, coal mined in the UK mainly came from opencast coal mines. Production was down on previous years. Now, in September 2023, there is only one operating opencast coal mine, the illegal Ffos-y-fran mine. There is one significant sized deep coal mine; Aberpergwm colliery in Neath Port Talbot, which has been granted permission to expand. From this date there is only one coal power station available to generate electricity, down from 4 last year.

Coal use in power stations

While overall energy demand in 2022 was stable compared to 2021, demand met by coal in the energy mix fell by 15% compared to 2021, to 1.60% of total electricity supply. Wind, solar and hydro energy production rose to a record high level due to increased capacity and more favourable weather conditions, but unfortunately consumption of both gas and nuclear energy were also up.

Coal use in power stations has dropped dramatically since 2012, when 43% of electricity in the UK grid was produced from coal combustion. However, 4 coal power plants remained operational throughout 2022. Drax and West Burton power station's coal units were due to be closed before the end of 2022, but the UK Government paid £420 million to extend the operational lifespan of the coal units over winter 2022 into 2023. Coal stocks were 10% higher than in 2021 to facilitate this. Drax didn't operate in 2022 and is now decommissioning its coal units. It remains a high carbon power station, though, as it burns imported wood as biomass.

Power station closures

4 coal power stations operated in 2022. Now only Ratcliffe-on-Soar remains available to the grid.

Ratcliffe on Soar power station is due to close in September 2024.

In early 2020, Drax power station said there would be "formal closure of the coal units in September 2022". Decommissioning actually started in 2023, after the UK Government paid the power station to be on standby with coal during last winter. Drax didn't operate in 2022 and is now decommissioning its coal units. It remains a high carbon power station as, though, it burns imported wood.

Kilroot coal and oil power station in Northern Ireland is to be converted to gas. It was expected to stop consuming coal in September 2023, but this may have been brought forward marginally (unconfirmed).

West Burton coal power station closed at the end of March 2023 delayed by the UK Government from September 2022.

Coal phase-out in the UK is expected by October 2024. Given that coal consumption in power stations is very low, with periods of no consumption, in the summer, the last generation could be April 2024.

Underground mining

In 2022, coal production fell by 39% to a record low of 0.6 million tonnes, with opencast coal mining producing more than underground mines.[1]

The Scottish Government announced a de-facto ban on coal mining in October 2022, in protest against the expected approval of the Whitehaven coking coal mine. We anticipate this stopped a deep coal mine application by Australian company New Age Explorations at Lochinvar in the Scottish borders. The company hoped to produce coking coal via underground mining until 2044.

Campaigns against proposed underground mines

Aberpergwm Colliery (Energybuild Ltd) in Neath Port Talbot had planning permission for a 42 million tonne extension to its underground (anthracite) coal mine approved in 2018. The Coal Authority issued the coal company a license to extract this coal in January 2022. Coal Action Network are taking legal action against the Welsh Government for failing to stop the mine extension being licenced.

Woodhouse Colliery proposed by West Cumbria Mining Ltd had its proposal for a new 1.78 million tonne per year underground coking coal mine off Whitehaven approved by the Secretary of State in December 2022. The planning approval is subject to 2 legal challenges which are expected to be heard by the High Court in early 2024.

Opencast coal extraction

There are now no legally operating opencast coal mines in the UK.

Glan Lash opencast coal mine, Carmarthenshire (South Wales), had an extension application rejected in September 2023.

In September 2022, Ffos-y-fran opencast coal mine in Merthyr Tydfil, was due to close after 15 years of operation. However, the mine has continued to operate with little action from the local council or Welsh Government. It is now expected to close at the end of November 2023, with no meaningful restoration of the land expected, as the company did not set aside the money to fulfil its contractual obligations in this regard. The guarantee bond of £15 million to be used in case this happens is far short of the estimated £120 million needed for restoration as per the original plan. The coal mining was originally approved by Welsh Government in 2005 as a way to restore a brownfield site at no cost to the public purse, an outcome that now appears remote.

Hartington opencast coal mine, Derbyshire closed at the end of Spring 2023.[2]

Imports

Coal imports rose 38% in comparison with 2021 to 6.4 million tonnes in 2022 as power stations rebuilt stocks after the UK Government payments over winter. The import quantity had been decreasing prior to this government intervention.

In 2022, the USA was the largest exporter of coal to the UK, supplying 39%. This was followed by the Russia with 16%. Russia’s proportion of total coal imports had fallen from being the largest supplier at 43% in 2021.

Coal from the USA was fairly evenly split between coking coal for steelworks and thermal coal for power stations.

Coal from Russia was largely for power stations.

Australia provided 12% of imported coal. 57% of which was for power stations, the rest for steelworks. 10% of coal came from South Africa, which was entirely for power stations. Colombia supplied 7% of imported coal all to power stations.

The European Union supplied 9% of all coal to the UK. This coal is unlikely to have been mined in the EU, it has most likely lost its identity as coal enters and leaves the main coal ports in Europe. Other countries made up the remainder of the imported coal.

The UK banned Russian coal imports in August 2022.

UK steel producers

There are 4 major UK steel producers, 2 of which are using coking coal and produce much higher emissions than the two which recycle scrap steel.

Tata Steel
Port Talbot steel works, in Neath Port Talbot, Wales, is the second biggest UK single site emitter of carbon dioxide.[3] The plant currently uses coking coal to make steel in blast furnaces. In 2022, Tata Steel said the plant had to decarbonise or close. In September 2023, Tata Steel accepted £500 million from the UK Government to transition to electric arc furnace, but job losses are expected.

British Steel
Currently, British Steel’s Scunthorpe plant can use a maximum of 25% to 30% recycled content using Basic Oxygen steelmaking. It currently uses coking coal but is also looking to secure governmental subsidies to build a new electric arc furnace to replace a blast furnace in efforts to decarbonise.

Liberty

Liberty Steel, which has sites in Newport and in Tredegar, has said it aims to become a carbon-neutral steel producer by 2030. The site currently uses Electric Arc Furnaces and recycles scrap metal so does not use coking coal.

Celsa

Celsa’s Cardiff steelworks uses 100% recycled scrap steel in its products and so does not need coking coal.

For more details see our report Coal in Steel.

Want to help in the fight against coal?

References

[1] compiled from Coal Authority, "Production and Manpower Statistics" for 2022

[2] Gov.uk "Coal mining production and manpower returns received by the Coal Authority April to June 2023." (July 2023)

[3] Ember, Coal Free Kingdom (13th November 2019) and Drax Group, Enabling a zero carbon, lower cost energy future page 39 (2019)

 

Queries and media contact: info @ coalaction . org .uk (without spaces)

Media queries

References

[1] compiled from Coal Authority, "Production and Manpower Statistics" for 2022

[2] Gov.uk "Coal mining production and manpower returns received by the Coal Authority April to June 2023." (July 2023)

[3] Ember, Coal Free Kingdom (13th November 2019) and Drax Group, Enabling a zero carbon, lower cost energy future page 39 (2019)

Queries and media contact: info @ coalaction . org .uk (without spaces)

REFUSED: Glan Lash opencast coal mine

Communities gather

On the 14th September, a crowd of local residents and supporters assembled on the steps of Carmarthenshire County Council offices. This was on the day of a key decision meeting on the application to extend the Glan Lash opencast coal mine by 6.1 years to mine a further 95,000 tonnes of coal.

So many people came in to the planning committee meeting that the Chair exclaimed “I can see the gallery is comfortably full and that hasn’t happened for many a year!”.

Planning permission refused!

After some presentations, Councillors then voted unanimously to refuse the application, to loud applause. We celebrate that 6.5 hectares of trees, hedgerows, and fields were spared destruction in the refusal of this application. As  Cllr Thomas said in the meeting, “Speaking as a farmer…nothing grows [after restoration], the structure is gone… History shows the land never comes back to what it was. I second this proposal to recommend refusal”. This refusal stops any further delay to the restoration of the area already opencast, and creates a commitment to a cleaner, greener Wales.

Councillors speak up

Cllr Peter Cooper said “We’ve had it for too many years to have the opencast. I’ve worked in opencast. Believe me, the dust - you clean your windows one day, and the next it’s bad again. It will affect them all. I don’t think it’s right that people should have to put up with this again, these people. It’s not necessary.”

Cllr Russell Sparks added “We have no alternative, given the evidence presented to us today to refuse the proposal.”

What next?

Coal Action Network will continue to monitor what happens next, but we hope Bryn Bach Coal Ltd will respect the expert conclusions about the local ecosystem destruction from an extension, local democracy, and the 826 written objections to the extension application from local residents. The company should begin work on restoring the site immediately to the specification promised.

Published: 14. 09. 2023

New vacancy: Policy Change Campaigner

Vacancy: Policy Change Campaigner (UK Coal)

Term: 2 days/week (should be available Tuesdays)

Salary: £31,200 FTE (£12,480 pro-rata)/freelance £ 173 day rate

UK-based, work-from-home.

Application deadline: 0900 Mon 02nd October 2023

Background to the role

The UK currently has four coal mines at varying points in the planning pipeline. In December 2022, the UK Government surprised the nation by approving a new coal mine in Whitehaven, West Cumbria. In the same year, a coal mine in South Wales was licenced to operate for nearly 20 years more and double in size. The spectre of new coal mines looms as the UK Government’s opposition to coal weakens with senior politicians in the UK and Welsh Government increasingly repeating industry lies and throwing support behind UK coal mining—a disastrous shift that’ll reverberate through the world.

Purpose

You will create and deliver a political strategy to secure a moratorium (ban) on all forms of coal mining in the UK Government by January 2026, and the Welsh Government as a secondary goal.

You will work in a team alongside two other coal campaigners. In our non-hierarchical structure you will hold equal agency in decisions affecting the organisation, and, after your probationary period is passed, you will have the option to become a voluntary Co-Director, sharing legal responsibility for the organisation.

If aspects of the Role Description are unfamiliar to you, please see the 'Non-essential' section of the Person Specification for details of what you can learn on the job.

Responsibilities

  • Campaign Development
    • Create and deliver on a political strategy to deliver a ban on coal mining in the Senedd and Westminster.
    • Engage and network with allied organisations to increase our political leverage, impact, and opportunities.
  • Media and press
    • Stay up-to-date on developments relating to political developments that create opportunities for coverage of our demands for a ban on coal mining.
    • Work with supporters taking action to gain local and national media coverage
    • Amplify related media and press gained by other groups where relevant
    • Produce blog posts and articles relevant to CAN’s campaigns
  • Network building
    • Expand your network of allied MPs and convince those on the fence to support a ban on coal mining.
    • Work with frontline groups affected by coal mining to amplify their voices and lived experiences to guide political advocacy
    • Work across a network of allied organisations
    • Engage other allied organisations so that they might join our effort to secure a political ban on coal mining
    • Develop and engage CAN’s supporter base to sustain longer term pressure through regular emails, text messages, and social media posts
    • Attend meetings with allied organisations, movers, and shakers.
  • Actions
    • Build a ground-swell of political support for a ban on coal mining in the Senedd and Westminster.
    • Run digital actions using a diverse range of tactics to both engage supporters, and apply pressure on our targets
    • Support other groups wanting to organise their own actions
    • Create resources that can be used by local and frontline groups, both to support specific actions, and as templates going forward
    • Occasional public speaking at events, actions, or media appearances
  • Organisational
    • Participate in collective decision-making processes about strategy and the running of the organisation
    • Contribute to building funding bids and reporting back to funders
    • Take and/or share responsibility for a range of other short-term operational tasks which are shared and sometimes rotated among the CAN team e.g. organising an away day, improving internal comms, participating in hiring processes etc. These responsibilities can be tailored to your expertise and interests.
    • Any other appropriate tasks as agreed with the team

Person Specification

Essential

  • Experience of securing political change at the national level in the UK or Welsh Government.
  • Experience of inside-track engagement with Members of Parliament and their aides.
  • Ability to speak to senior politicians confidently and convincingly.
  • Experience of sustained campaigning and mobilising others to take action.
  • Proven ability to write, copy-edit and proofread using clear, persuasive, and plain language with good command of written English for a variety of contexts.
  • Ability to manage your own workload and use your initiative, working remotely, unsupervised with transparency
  • A get it done approach, not 3 months to draw up a strategy.
  • Experience of taking collective decisions or action in a non-hierarchical space such as a co-op, volunteer group, activist collective or flat-structured workplace
  • Understanding of, and/or ability to teach us more about environmental justice, solidarity work, environmental racism, and just transition
  • Willingness to learn new skills relevant to the job description
  • Willingness to travel to meetings and events, and to work some flexible hours alongside regular core hours, including occasional weekends and evenings, to be agreed as a team.

Non-essential

These skills and knowledge will help you in the role, and if you don’t have them we can arrange training for you to learn them:

  • Using Action Network to schedule email actions and events
  • Knowledge of the current landscape of coal campaigning in the UK

How to Apply

Please read the Job Description and Person Specification before applying for this role.

  • Provide a CV and up to two pages of text addressing point-by-point how you meet the person specification, giving examples of relevant experience (paid or voluntary).
  • Complete and return an Equal Opportunities Monitoring form (this will be processed anonymously)

Deadline for applications is 0900 Mon 02nd October 2023.

Please send all applications and queries to HR@coalaction.org.uk with the words ‘Policy Change Campaigner’ in the subject line.

Recruitment Process

  1. You will be contacted by Wednesday 04th October 2023 as to whether you have been shortlisted and offered an interview.
  2. Interviews will take place on Monday 16th and Tuesday 17th October 2023.
  3. If we are able to offer you the role will be notified by Friday 20th October 2023.
  4. Ideal start date for the role is ASAP.

Interviews will friendly and informal, taking no more than one hour and be held over Zoom. Please advise us if there are any accommodations you will require in order to attend the interview and participate fully in it.  We see the interview as a two-way process, so you’ll be invited to challenge us or ask questions at any point.

Inclusive Hiring Commitment

We particularly welcome applicants from backgrounds currently under-represented in paid roles in the UK environmental movement, including people from BAME and migrant backgrounds, refugee backgrounds, people who identify (or have identified in the past) as working class, gender diverse people, people with disabilities, and people from or based in the North of England, Wales and Scotland.

If our equal opportunities monitoring indicates that we have not received a diverse range of applications then we will re-open the application process, in which case you will be notified and your application will be automatically re-submitted.

If a final decision rests on two applications of equal standard, the principle of  ‘positive action’ will be applied with regard to protected characteristics.

Home and office working can be supported with equipment if necessary

We are committed to improving our commitment to diversity and inclusion, and to decolonising the environmental movement. We welcome applications from people who will challenge us to go further in doing this.

Please contact us if you have questions or comments regarding accessibility and inclusivity or about other aspects of the job advert or recruitment process.

Please inform us if you would need paid childcare cover or any adjustments relating to disability in order to attend an online interview.

Workplace details

We are a remote-working organisation of a 7-person staff team, becoming 8-people with this recruitment. This represents significant recent growth for us.

We meet on zoom once weekly as a whole team (Tue afternoon) and ad hoc regarding campaigns. In between we communicate using email and Signal. We meet in-person several times a year.

Apart from one staff member, we all work part time and are supportive of flexible working arrangements alongside core hours. We are sometimes required to work outside of normal office hours, for example to attend events.

We are a non-hierarchical organisation, so we do not have managers or bosses but make agreements and decisions by consensus, and direct our own workloads collectively and individually. We have equal say in decisions affecting our work.

We support our staff with a range of enhanced leave options and employment terms in our contract.

We are registered as a not-for-profit company limited by guarantee and as such are legally required to have directors who take legal responsibility for the organisation. To maintain a commitment to non-hierarchy, all employees are invited to become directors after passing probation, but this is entirely optional.

We recognise that non-hierarchical organisations are not immune to creating barriers to participation in the workplace, so we encourage people to challenge us to improve and adapt our workplace policies, structures, internal communications and working culture to become more inclusive.

Published: 13.09.2023 Updated 20.09.2023

Glan Lash extension to be decided

What's at stake?

Markets and CO2

The Planning Officer’s Report lends much weight to Bryn Bach Coal Ltd’s (BBCL) claim that most of the coal will be sent to non-burn end-use. BBCL has increased the proportion of coal it claims will go to non-burn end-use in successive versions of its application, without justification for these shifting proportions. The reality is that market conditions and the highest price would determine to which industry the coal would be sold. BBCL could at any time sell the mining rights to another company, as occurs at many coal mining sites, and that new company might choose to sell to other industries or export the coal as the Whitehaven proposal intends to. According to the BEIS Conversion Factors 2022, industrial application of the 94,900 tonnes of coal could total up to 229,000 tonnes of CO2.

Methane

Fugitive methane (a potent climate change accelerant) is released from directly from coal mines. Methane that escapes from coal mines globally must fall 11% each year until 2030 to meet IEA’s Net Zero 2030 Roadmap and avoid climate chaos. For each year of the proposed extension, researchers at Global Energy Monitor estimate 108 tonnes of methane will be released into the atmosphere at Glan Lash – totalling some 659 tonnes of methane. Increasing rather than decreasing this globally significant source of methane emissions breaches the IEA’s Net Zero 2030 Roadmap and does not conform to a globally responsible Wales.

Local ecology

The Planning Officer’s Report correctly identifies the shortcomings of the proposed replacement habitats, not least that new plantings are not commensurate with established habitats and the ecosystems they support, but the report stops short of pointing out that the habitats are unique and are not interchangeable and the criticisms of bio-diversity offsets. By way of crude analogy; someone who’s always lived in Carmarthen would not consider it the same if they had their house destroyed in Carmarthen but told they could move into another house in Merthyr Tydfil. We also highlight the Report’s reference to CCC’s independent ecologist’s point that equivalent biodiversity support from a newly planted woodland habitat (assuming it flourishes) will never catch up to that of the destroyed 2.48 Ha woodland habitat, had it not been destroyed – and that it would take 137 years to achieve what is currently supported. We question what the species of animals currently living in the existing habitat are to do for over a century in the intervening period. In a time of widespread habitat pressure, there isn’t clear evidence that animal life can be supported by neighbouring habitats to return later. Local populations, once wiped out, may never return. Growing climate change stresses on ecosystems necessitates established and robust habitats, existing biodiversity cannot wait 137 years for an established habitat. We do welcome the Planning Ecology Department’s determination that permitting this mine would be incompatible with both the Welsh Government and Carmarthenshire County Council declarations of a Climate and a Nature Emergency, as well as their respective responsibilities under the Well-being of Future Generations (Wales) Act 2015.

Local opinion

Over 600 letters from Carmarthenshire residents have been sent to the Council in opposition to the opencast coal mine application and a demonstration is planned outside the Council building on the day of the decision meeting to show local support for a greener, kinder future.

Jobs

The Planning Officer’s Report refers to the company’s claim that the washery and coal mine would employ 11 staff (3 new jobs) for the duration of the proposed extraction and the restoration period following cessation. We want to emphasise that 8 of those jobs, as well as the indirect jobs, are not dependent on the proposed coal mine extension but rather on the washery which has been operating without Glan Lash coal for years. So just 3 new, time-limited, jobs in a declining industry are at stake, and these would be required to restore the site for a period anyway. Jobs planting trees over jobs ripping them up.

 

What we're doing

  • We've created a form and encouraged Carmarthenshire residents to share their feelings about the proposed coal mine extension with Councillors through it. This can be used up until the meeting on morning of the 14th September 2023.
  • We've obtained drone footage showing the full scale of the coal mine to help residents and Councillors visualise it.
  • We've created a key facts and figures run-down of the coal mine so anyone can get clued up on the numbers around the Glan Lash opencast coal mine proposal.
  • We've emailed each Councillor who'll be deciding the fate of the Glan Lash opencast coal mine application, highlighting the weaknesses and flaws in the Planning Officer's Report.
  • We've worked with local residents to gather a crowd outside the Carmarthenshire County Council offices at the time of the decision meeting at 1000 on 14 September 2023.

Published: 13/09/2023

“No time for a coal mine” banners appear on all major roads into Cumbria

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’.

The banners, which targeted all the major roads leading into Cumbria on Friday 25th August were unfurled by new anti-coal action group ‘No Time for a Coal Mine’. Leaflets were handed out in in Kendal, Carlisle, Keswick, Kirkby Lonsdale and Penrith and fly posters also appeared.

It is the latest in a series of actions against the proposed 2.78 million tonne-a-year mine which has met with significant local, national and international opposition.

Continues...

Sarah McGowan who was born in Whitehaven and took part in the action says, "We can all see the impacts of climate change. In Cumbria the summer has been a washout since June, while on the Hawaiian island of Maui people escaped firestorms by jumping into the sea. Meanwhile the IPCC has said we simply cannot afford to permit any new coal mines, the UK government is flying in the face of reason. Our banners show the strength of feeling against the coal mine and our determination to keep the coal in the ground. The mine must be stopped.”

West Cumbria Mining Ltd is looking to extract a total of 67 million tonnes of coking coal from under the seabed off Whitehaven right up to 2049. The vast majority of this coal would be exported to foreign steelworks, as it is too high in sulphur to comply with UK and European air pollution regulations.[1]

Continues...

Of the two existing UK steelworks using coal, Tata Steel alone could tolerate small amounts of coal from Whitehaven. Tata Steel is currently negotiating with government for subsidies to decarbonise, ending coal use, or it has threatened closure. If the project goes ahead, the Cumbrian coal would emit more than 200 million tonnes of CO₂, primarily from its use in blast furnaces. Its extraction would result in the release of around 334,000 tonnes of methane even if mine methane capture equipment is used (901,000 tonnes without capture).

So far, 2023 has seen the hottest global temperatures for June and July in recorded history. Hundreds of millions of people across the USA, Europe and Asia have been hit by extreme heat while deadly wildfires have raged through southern Europe, Canada, Russia, Hawaii and beyond.

Continues...

The government’s approval of this proposed mine faces two legal challenges, that was due to be heard in the High Court in October 2023. This has recently been delayed pending the outcome of a recent Supreme Court case relating to the oil wells at Horse Hill, Surrey (Finch v Surrey County Council). Both cases relate to consideration of end-use emissions in the Environmental Impact Assessment. If the Supreme Court decides that end-use emissions should be considered, this would greatly increase the chance of the government’s decision on the proposed mine being revoked.

Increasing global temperatures threaten food and water security for many millions of people, endanger lives and will
increase mass migration as areas around the world become uninhabitable. Globally, it is those who have done the least to cause the climate crisis who are already suffering the most.

The banners show the strength of public feeling against the government’s coal proposal, and highlights that there are many people prepared to take action to ensure that the coal remains underground at Whitehaven.

Reference

[1] Cumbria County Council Executive Director - Economy and Infrastructure, Development Control and Regulation Committee Application Reference No:4/17/90077.17

Energy Bill - cut out coal!

The journey so far...

FIRST... Coal mining ban proposed by House of Lords

With a margin of 3 votes (197 for vs 194 against) in the House of Lords on 17th April 2023, Lord Teverson amended the Energy Bill to include a new clause on the 'prohibition of new coal mines' (a ban on the Coal Authority licencing any new coal mining in the UK). This wouldn't stop any coal mines already licenced, and would only apply 6 months after the bill had been passed - but it would cut off the pipeline of new coal mine applications. Just one Conservative Lord voted for this amendment - Lord Deben, Chairman of the UK's independent Committee on Climate Change.

Lord Teverson referred to the Whitehaven coal mine, approved in December 2022, when proposing the amendment, saying "If that happens once, it can happen again - that is why this amendment is so important," he said. He had previously believed a ban was not necessary because it was "totally and absolutely obvious" that building a new coal mine "would be a really stupid thing for a country to do".

THEN... Coal mining ban stripped out by UK Government

Back in the House of Commons, the UK Government Ministers stripped out the amendment banning new coal mines at the Committee-stage, before the revised Energy Bill could be debated and voted on in the House of Commons. MP Caroline Lucas said the Government's approach was "well and truly stuck in the last century...after endlessly repeating the importance of no new coal at COP26, its words have proved to be meaningless". Shadow energy secretary Ed Miliband had said Labour would back the ban.

Opposing the amendment, minister Lord Callanan said the government was committed to phasing out coal but argued that an outright ban could cause a "severe weakening of our security of supply".

NOW... Coal mining ban re-proposed by MPs Chris Skidmore & Wera Hobhouse

In the report stage, Conservative MP Chris Skidmore and Libdem MP Wera Hobhouse have attempted to re-introduce the coal mine ban by tabling similar wording as Lord Teverson's amendment to be put back into the Energy Bill (clause N2). MP Chris Skidmore also seeks to strengthen the UK Government's earler commitment to phase out coal being used to generate energy by tabling another clause (N3) - a prohibition of energy production from coal by 1 January 2025. This would change put the UK Government's policy commitment into legally-binding legislation, making it much harder for this or successive Governments to back-track on that commitment.

What needs to go into the Energy Bill

Amongst other important ammendments, the wording of the two amendments your MP needs to support are:

NC2 Tabled by: Chris Skidmore & Wera Hobhouse
To move the following Clause—“Prohibition of new coal mines
(1) Within six months of the day on which this Act is passed, the Secretary of State must by regulations prohibit the opening of new coal mines and the licensing of new coal mines by the Coal Authority or its successors.
(2) Regulations under this section are subject to the affirmative procedure.”

NC3 Tabled by: Chris Skidmore

To move the following Clause—“Prohibition of energy production from coal
(1) The Secretary of State must by regulations provide for the UK to cease energy production from coal from 1 January 2025.
(2) Regulations under this section may amend primary legislation (including this Act).”

Take action

The report stage for the Energy Bill is currently scheduled for Tue 5th September 2023, the day after the House of Commons returns from summer recess, at which point MPs will debate the various amendments tabled to the Energy Bill. The amendment will almost certainly be debated, however there’s no guarantee that it will be pushed to a vote – this depends on a range of different factors, including MPs’ priorities and whether the amendment is selected by the Speaker for a vote.

THE ASK: write to your MP, asking them to speak in favour of amendment NC2 and NC3 during the debate, and to vote for it, if it is "pushed to a division".

Senior Conservative Minister already admitted need for reform

We are now able to reveal correspondence between Welsh Minister for Climate Change, MS Julie James, and then UK Government Minister Minister of State for Energy, Clean Growth
and Climate Change, MP Greg Hands. In a letter dated 07 January 2022, Minister Greg Hands states:

"I do agree that the Coal Authority’s statutory duty to promote an economically viable coal industry, as set out in the Coal Industry Act 1994, is at odds with our climate leadership ambitions and policies on coal so we are looking at measures to review that duty. I understand our officials have agreed to meet to share our thinking on a future licencing regime that reflects our different administrations net zero and climate change goals."

The amendment(s) proposed by MP Chris Skidmore (and Wera Hobhouse) would achieve what Greg Hands admits is necessary to meet the Government's climate commitments. So why did the UK Government remove Lord Teverson's amendment to achieve the same? What has the UK Goverment done to change the "future licencing regime"?

Senior Welsh Labour Minister agrees on need for reform

Welsh Labour Minister for Climate Change in the Welsh Government Julie James wrote to then Secretary of State Department of Business, Energy & industrial Strategy Kwasi Kwarteng in the UK Government on 26 October 2021, stating:

"...we consider the statutory duty of the Coal Authority to develop and maintain a viable coal extraction industry must be removed if we are to achieve our policy ambitions." adding "I seek to understand how the [Coal Industry] Act will be amended to reflect the need for the Coal Authority to consider climate policy in its decisions". Julie James is looking for reform rather than dissolving the Coal Authority, saying "....the Coal Authority has an important role to play in rapidly winding down remaining mining operations and delivering long-term environmental protection. In doing so, the Coal Authority has an important role in ensuring those communities affected by the legacy of coal mining receive a just transition."

Welsh Labour clearly indicate the need to reform the Coal Authority in a way that would stop new coal mine applications being licenced and support existing operations winding down, with a just transition for workers involved.

Background

The need for law change: This year, Coal Action Network took the Coal Authority to the Cardiff Courts in a judicial review challenging the Coal Authority's insistence that it cannot consider matters such as climate change in determining whether to award a coal mining licence. The judge agreed with the Coal Authority, which confirms that legislative reform of the Coal Authority is needed to bring its licencing function in line with climate commitments - such as that proposed in amendment NC2 to the Energy Bill.

Time's running out: Since senior UK and Welsh Government Ministers admitted the need to cut off the pipeline of new coal mining applications, both the UK and the planet experienced its hottest ever days (2022 & 2023), June 2023 was the UK's hottest ever, and July 2023 was confirmed the hottest month worldwide since records began, and this year the world has been rocked by wild-fires, flooding, and storms. So the sense of urgency to ban coal mining and use has become even stronger.

Security of supply concerns: Alongside increasing this escalating urgency, TATA Port Talbot steelworks announcing it will imminently transition to recycling steel or else face closure, and British Steel reporting it will close its coke ovens. A credible home insulation plan would remove any energy security issues for keeping warm this - and future - winters, rather than spending more of my tax money propping up dirty coal power stations again. These are the only significant consumers of coal remaining in the UK so there is no energy security case to be made for continuing to mine coal in the UK.

Published: 18.08.2023 Updated: 22.08.2023

Campaigns on UK coal mines

UK & global coal mining & use

Hope alive for Aberpergwm with appeal acceptance

On 15th and 16th March, Coal Action Network took the Welsh Government and Coal Authority (UK regulator of coal mining) to the Cardiff Court in a judicial review over their respective handling of the Aberpergwm application to extend workings by up to 42 million tonnes of coal and until 2039.

On the 19th of May, The Hon. Mrs Justice Steyn DBE decided in favour of the Welsh Government and Coal Authority, but granted us permission to appeal the decision about the Welsh Government less than 2 weeks later, on 31st May. Our court hearing for the appeal will be 06th February at the Cardiff Court!

The grounds for this appeal are:

  1. The Judge erred in law in finding that the Claimant’s interpretation is not retrospective to a degree that would be caught by paragraph 6 of Schedule 7 to the Wales Act 2017, but was nonetheless retrospective because it attached a new disability to “existing rights”.
  2. The Judge erred in law when treating a coal mining licence, with an authorisation which was not in effect, as a possession within the meaning of Article 1 of Protocol 1 of theEuropean Convention on Human Rights (“A1P1”).
  3. In the alternative, the Judge erred in law in:
    1. assuming when considering the degree of unfairness that there would necessarily be a deprivation and, if there were, that the deprivation would necessarily be unfair;and
    2. failing to address proportionality when considering potential application of A1P1and/or the need to strike a balance when applying the common law principle of fairness to statutory provisions with potential retrospective effect.
Published: 17.08.2023

Object to the application to expand the Glan Lash opencast coal mine

Take action!

Completing our contact form sends your message to all 20 Councillors on the Carmarthenshire Planning Committee, Council, and us.

Will Councillors reject the application to expand and extend the Glan Lash opencast coal mine, learning from the huge challenges that Merthyr Tydfil County Borough Council is having with the illegal Ffos-y-fran opencast coal mine?

Put into your own words why you want Carmarthenshire Planning Committee to reject the application - here's some points you might choose to include:

  • The coal operator claims they'll supply some of the coal to 'non-burn' uses like brick colourant...but that's dictated by market conditions that are changeable, and as soon as planning permission is granted, the coal operator is free to supply to whoever pays the most for this coal.
  • The coal operator claims the coal is needed for steelworks but the biggest steelworks in the UK needs to rapidly cut coal out of its production.
  • It goes against the Welsh Government's various climate commitments and policies against continued coal extraction.
  • Some key statistics on the coal mine expansion application.

Email your Planning Committee Councillors!

Fields marked with * are required

Why do you want Councillors to reject the Glan Lash extension?
Incl. your postcode if you're from Carmarthenshire, it gives your email more weight!

Cymerwch weithred!

Wrth gwbhau ein ffurflen cyswllt mae eich neges yn cael ei anfon i bob un o’r 20 Cynghorydd ar y Pwyllgor Cynllunio Sir Gâr, Cyngor, a ni.

Bydd y Cynghoryddion yn gwrthod y gais i ddatblygu ac ymestyn y pwll glo cast agored Glan Lash, dysgu o’r sialensau anferth mae Cyngor Bro Sir Merthyr Tydfil yn cael gyda’r pwll glo cast agored anghyfreithlon Ffos-y-Fran?

Rhowch yng ngheiriau eich hyn pam yr ydych chi eisiau i Pwyllgor Cynllunio Sir Gâr i wrthod y gais - dyma rhai pwyntiau gallwch ddewis i gynnwys:

  • Mae’r gweithredydd glo yn dweud bydde nhw’n cyflenwi rhai o’r glo i ddefnyddwyr ‘dim-llosg’ fel lliwydd bric…ond mae hynnu’n cael ei arddweud gan cyflwr marchnad sydd yn gally newid, ac mor gynted a mae caniatâd cynllunio yn cael ei rhoi, mae’r gweithredydd glo gyda’r hawl i gyflenwi pwy bynnag sydd yn rhoi y mwyaf o arian am y glo yma.
  • Mae’r gweithredydd glo yn dweud bod y glo yn angenrheidiol ar gyfer gwaith dur ond mae’r gwaith dur mwyaf yn y DU angen torri glo allan o’i cynyrch yn gyflym.
  • Mae’n mynd yn erbyn ymrwymiadau hinsawdd a polisiau yn erbyn echdynnu glo parheus Llywodraeth Cymru.
  • Mae rhai ysyadegau allweddol ar y gais i ddatblygiad y pwll glo.

E-bostwch aelodau o’r Pwyllgor Cynllunio!

Mae meysydd wedi’i marcio â * yn ofynnol

Pan ydych chi eisiau Cyngorwyr i wrthod yr estyniad i Glan Lash?
Cynnwys eich côd os ydych o Sir Gâr, mae’n rhoi mwy o bwysau i’ch e-bost!
Published: 03/08/2023

Hearing delayed - challenges against Whitehaven coal mine approval

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/

Judicial Review filed against Ffos-y-fran illegal coal mine

Enough is enough! And 11 months of illegal coal mining in Merthyr Tydfil, South Wales is too much.

With support from the Good Law Project, we have filed for a Judicial Review against both the Local Council and Welsh Government’s continuing failure to stop Ffos-y-fran, the UK’s biggest opencast coal mine, selling off over 1,000 tonnes of illegal coal each day right under their noses and to the harm of local residents, the surrounding environment, and our climate.

Not outrageous enough?

Even more scandalously, the Welsh Government has been profiteering by transporting this illegal coal along its railways over the past 11 months, to be burned by various customers in direct breach of its own climate commitments and policies against coal extraction.

Our new BFF’s, Good Law Project

Good Law Project has joined the fray, and are supporting us to finally stop the environmental onslaught of Ffos-y-fran with a judicial review. This has allowed us to assemble a crack legal team from Richard Buxton Solicitors, and Barristers’ Toby Fisher and James Maurici KC. Please share and donate to Good Law Project’s Crowdfunder (and check out their website, we could gush over all their work).

Yep, another judicial review

We are optimistic the legal pressure we’ve just heaped on will finally put a long-overdue end to what should never have happened in the first place. As with our judicial review (and now appeal!) of Aberpergwm deep coal mine, we shouldn’t have to undertake costly legal action to force the Welsh Government to fulfil its obligations to the current and future generations, in Wales and across the world.

Our grounds for a Judicial Review

See our Statement of Facts and Grounds (PDF) summarised below -

Coal Action Network is seeking to have judicially reviewed:

  1. The ongoing failure of the First and Second Defendants to act with reasonable expedition to decide whether it is expedient to issue a stop notice to prevent the ongoing unlawful extraction of coal at the Ffos-y-Fran mine, East Of Merthyr Tydfil, CF48 4AE; alternatively
  2. To the extent that it has made one, the decision of the First Defendant that it is not expedient to issue a stop notice to prevent the ongoing unlawful extraction of coal at the Ffos-y-Fran mine, East Of Merthyr Tydfil, CF48 4AE.

The grounds of claim are:

  • Ground 1(a): The failure of the Council to decide whether it is expedient to serve a stop notice is unlawful.
    • The Council has not proceeded with "reasonable expedition" in making this decision, and maintains that is has no duty to do so; it has had (or ought to have had) knowledge of the ongoing unlawful activity since 30th January 2023 and has had ample opportunity to investigate.
    • Although the Council has discretion as to whether or not to take enforcement action (subject to the constraints of public law), it is implicit in the scheme set out by the 1990 Planning Act and 2017 Environmental Impact Assessment regulations that decisions on whether or not to take enforcement action must be taken soon enough to avoid the relevant planning harm; and this is heightened by the Council’s duties under the Well-being of Future Generations (Wales) Act 2015. In this case, the harm from coal extraction (likely to be prohibited under the EIA scheme) is serious, significant and ongoing.
  • Ground 1(b): The failure of the Welsh Ministers to decide whether it is expedient to serve a stop notice is unlawful.
    • The Welsh Ministers' obligation to consider using their "reserve powers" was triggered by the failure of the Council to issue a Stop Notice immediately alongside the Enforcement Notice and/or on receipt of MSWL's appeal of the Enforcement Notice; and this is heightened by the Welsh Ministers’ duties under the Well-being of Future Generations (Wales) Act 2015
  • Ground 2: The decision of the Council to decide it was not expedient to serve a stop notice is unlawful.

Coal Action Network is seeking a hearing on the first available date after 20 August 2023 to determine the following remedies:

  1. Urgent interim relief in the form of decision on whether it is expedient to serve a stop notice within 7 days;
  2. A declaration that: (a) The Council and Welsh Ministers acted unlawfully by failing to proceed with reasonable expedition in deciding whether it was expedient to serve a stop notice to bring the ongoing unlawful activity at the Site to an end; further or alternatively (b) The Council acted unlawfully by deciding it was not expedient to serve a stop notice to bring the ongoing unlawful activity at the Site to an end.

What’s next?

After that, we’ll be campaigning for:

  1. The Welsh Government to invite mine workers onto its Universal Basic Income pilot, as the mining company has totally failed to transition its workers, showing scant regard for their welfare. This is a demand we’ve had since the outset.
  2. Merthyr Tydfil to get the original and full restoration it was promised when the Welsh Government forced this sprawling opencast coal mine on everyone living there. Anything less is unconscionable after failing to protect communities living there from 11 months of illegal coal mining.
  3. The Welsh Government to move swiftly to ban any new coal mining on Welsh soil to rule out this ever happening again, and bring it in line with Scotland’s de facto ban on coal mining on Scottish soil.

Shocking stats

But what we must do now is to stop the daily environmental onslaught of the coal mine, producing equivalent to c4,000 tonnes of CO2 every day – or the average daily emissions of 175,000 people living in Wales, which is around 3x the population of Merthyr Tydfil itself! Imagine burning 1.75 MILLION litres of petrol every single morning – that’s the amount of CO2e this coal mine has been allowed to add to our atmosphere every day so far, illegally and without consequence.

Show ‘em how it’s done

Together, you, us, local residents, Good Law Project, and a network of Welsh groups like FOE Cymru, Climate Cymru, and XR Wales will prevail and put an end to this climate calamity any way we can. Let’s show the Council and Welsh Government how it’s done – time to roll up our sleeves and shut this mine down.

Let’s get it done

Published: 10.08.2023