Two legal cases are being prepared to challenge plans for the first new coal mine in the UK since the 1990s.
Communities secretary Michael Gove granted planning approval for the £165m Woodhouse Colliery in Cumbria last month.
The decision immediately caused controversy, with Climate Change Committee chairman Lord Deben saying approving the plans “diminished” the UK’s “hard-fought global influence on climate”.
Lawyers representing Friends of the Earth have confirmed they have started legal proceedings and will file its claim later this month. This will focus on the mine’s climate impacts.
Leigh Day solicitor Rowan Smith — representing the group — said: “A critical issue raised by Friends of the Earth during the inquiry was the signal that granting a new coal mine in the middle of a climate emergency would send to the rest of the world.
“Friends of the Earth believes this was never properly grappled with by either the inspector or the secretary of state. We hope the court will agree that this argument justifies a full hearing.”
A separate legal team has also written to Gove to inform him they are drawing up a legal challenge on behalf of campaign group South Lakes Action on Climate Change.
The letter from Richard Buxton Solicitors states they will be applying for a judicial review hearing in a bid to overturn the decision.
The letter adds that Gove’s decision and the Planning Inspectorate’s recommendation report were “shot through with errors”.
West Cumbria Mining, which has been working on plans for the mine since 2014, has said the coal mined will be used for metallurgical purposes and the mining operation would reduce reliance on imported coal. The company has said 16.4 million tonnes of coal for steel production are imported to the UK and Europe from the US each year and having a UK source for 3 million tonnes would cut 20,000 tonnes of carbon dioxide emissions each year.
However, Lord Deben cited projections that the mine will increase UK emissions by more than the level of annual emissions projected from all open UK coal mines to 2050.
“Phasing out coal use is the clearest requirement of the global effort towards net zero,” Lord Deben said. “We condemn, therefore, the secretary of state’s decision to consent a new deep coal mine in Cumbria, contrary to our previous advice.
“This decision grows global emissions and undermines UK efforts to achieve net zero. It runs counter to the UK’s stated aims as COP26 president and sends entirely the wrong signal to other countries about the UK’s climate priorities. The UK’s hard-fought global influence on climate is diminished by today’s decision.”
Former British Steel chief executive Ron Deelan said the coal mine is “a completely unnecessary step for the British steel industry”, while University of Lancaster energy professor Rebecca Willis said “there is no business case or scientific justification for this mine”.
Willis added: “It will harm the UK’s climate credentials and do very little for communities in Cumbria where the focus should be on delivering on long-term, secure and green jobs.”
Plans for Woodhouse Colliery were originally approved by Cumbria County Council in October 2020. Since then, former communities secretary Robert Jenrick called in the decision and asked the Planning Inspectorate to carry out a formal evaluation.
Planning inspector Stephen Normington opened a public inquiry in September 2021. Over the course of many months, the inquiry took evidence from environmental groups, stakeholders and the government. Its findings have since been submitted to planning ministers, who are still considering the report.
A version of this story was first published by CN’s sister website New Civil Engineer.
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Rob Horgan