High Court rules to uphold legal challenges against Whitehaven coal mine

Ryan Dollard spoke to campaigners against the West Cumbria mine project, as well as those who had hoped it would bring jobs to the area.

Two legal challenges against plans for the first UK coal mine in 30 years to be built in Whitehaven have been upheld.

It follows a three day hearing at the High Court in London in July, when legal challenges to the project brought by Friends of the Earth and South Lakes Action on Climate Change (SLACC) were heard.

Mr Justice Holgate said in a ruling on Friday that giving the go-ahead for the development at Whitehaven in Cumbria was “legally flawed”.

In his judgment, Mr Justice Holgate said: “The assumption that the proposed mine would not produce a net increase in greenhouse gas emissions, or would be a net zero mine, is legally flawed.”

The proposals by West Cumbria Mining would have seen a colliery built on the site for the extraction of up to 3.1 million tonnes of coal, used in the steel making industry, from under the Irish Sea each year.

Niall Toru, senior lawyer at Friends of the Earth, said: “That the ruling today has gone against the mining company could have ramifications internationally, as there are cases abroad where challenges are being made against fossil fuel projects on a very similar basis.

“This mine should never have been given permission in the first place. The case against it is overwhelming: it would have huge climate impacts, its coal isn’t needed and it harms the UK’s international reputation on climate.

“Any reconsideration of the planning application can surely only reach one conclusion – and reject this harmful mine once and for all.

“We believe that the writing is on the wall and that WCM should withdraw its application for this climate-wrecking project.”

Duncan Pollard, a trustee at SLACC, said: “West Cumbria Mining has been roundly defeated today and the phasing out of fossil fuels has taken a small step forward.”

He added: “It is now doubly clear that fossil fuel companies cannot ignore the combustion emissions caused by the use of their oil, gas or coal, or rely on simplistic claims that a new coal mine will have zero impact on global emissions.

“We sincerely hope that any re-examination of the coal mine proposal considers all relevant issues and this ill-conceived idea is permanently shelved.”

A spokesperson for West Cumbria Mining said following the decision: “West Cumbria Mining will consider the implications of the High Court judgment and has no comment to make at this time.”

Background

The deep coal mine in Whitehaven was first proposed by West Cumbria Mining back in 2014.

In 2020, Cumbria County Council approved the proposals for the first time. Just a few months later, amid growing calls for the government to 'call in' the mine, the council announced it would reconsider the mine application, in light of "new information" on the UK's carbon emission targets.

The government eventually intervened and later that year, a public inquiry on the mine was held, hearing from both sides of the argument over the course of a month.

The Planning Inspectorate sent its completed report to the Communities Secretary for consideration.

The decision on planning permission was delayed repeatedly until December 2022, when it was granted by then Secretary of State for Levelling up, Housing and Communities Michael Gove.

He said was satisfied that there was a UK and European market for coal which would be served by the mine.

The decision was then challenged by both Friends of the Earth and South Lakes Action on Climate Change (SLACC) who claimed the decision to grant planning permission for the project was unlawful.

They claimed the environmental impact of the emissions that would be produced by the site had not been considered as part of the climate assessment, as is required under law.

The Department for Levelling Up, Housing and Communities, which had had been due to defend the decision to approve the project, withdrew its evidence during the hearing and did not defend the claims.

West Cumbria Mining, the company behind the project, continued to defend the proposals.

Over one and a half days at the High Court, they primarily argued a principle called 'substitution' which means that if the coal is being dug up in Cumbria, it isn't being dug up elsewhere.

For example, if the same amount of coal was being extracted in say the US, then emissions would be higher because it would be transported further.

They also argued the mine is overall net zero emissions as globally, emissions are decreasing and that due to complexities in coal blends and types of furnace, trying to quantify potential emissions is all speculation on the part of the campaigners.

What happens now?

West Cumbria Mining has 21 days to decide whether to appeal.

• If West Cumbria Mining do appeal - the High Court has to decide whether to allow the appeal. If the court agrees, there is likely to be considerable further delay while the legal case is heard.

• If West Cumbria Mining don't appeal - it goes back to the Secretary of State to redetermine the application. The Secretary of State would then be likely to write to concerned parties and ask if there have been any updates on the previous situation. Then they would consider whether the planning inquiry should be reopened, or whether to determine the case based on the paperwork.

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