High Court decision expected on Whitehaven coal mine plan


A landmark decision is expected to be made by High Court judge Justice Holgate regarding the proposed plans to construct the UK’s first deep coal mine in more than 30 years, which could be located in the town of Whitehaven, in Cumbria. The proposed project developed by West Cumbria Mining (WCM) had initially been granted permission by the previous Conservative government in December 2022. However, legal challenges were mounted against the decision by environmental campaigners from Friends of the Earth and South Lakes Action on Climate Change (SLACC), who asserted that permission was authorised without considering the impact of burning coal on the environment beyond just the mining process.

At a hearing in July, the newly elected Labour government chose not to defend the original permission to build the coal mine. The government referred to an “error in law”, which indicated that permission was flawed and would have been deemed illegal, had the case been pushed further. WCM, however, continued to argue its case in court and claimed that this mine could be different: it had the potential to become a “unique” net zero mine.

The national oil project in Horse Hill, Surrey, where two appeals were launched against drilling for oil over greenhouse gas emissions, received a ruling from the Supreme Court weeks before this hearing. The Supreme Court stated in its ruling that permission had been unlawful because it failed to consider the emissions from burning oil. This decision could have implications for the plan to build the coal mine, as campaigners pointed out that the impact of coal on the environment would be much more significant than that of oil.

The coal mining project’s approval, if granted, may send an unexpected signal about the UK’s commitment to reduce greenhouse gas emissions and combat climate change, especially now that it has to host the COP26 summit in Glasgow. However, the result might also present an opportunity to push for global conversations and actions on climate advocacy on a larger scale. Justice Holgate’s ruling on the controversial proposal is expected to be issued on Friday

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