Legal papers objecting to the proposed new coal mine in Cumbria have been lodged at the High Court on behalf of environmental group Friends of the Earth.
The charity’s lawyers submitted papers last week applying to challenge the government’s decision to give the new mine planning permission.
Friends of the Earth argues that the mine would have a detrimental impact and conflicts with the UK’s climate policies, such as the sixth carbon budget, which covers emissions between 2033 and 2037. The charity has questioned how Michael Gove dealt with climate-related evidence at the planning inquiry held prior to the granting of consent.
In particular, the group states that a decision to approve the mine on the basis that it could offset its carbon emissions to remain net zero in operation is “wrong and unlawful”.
Rowan Smith, a solicitor at Leigh Day, which is acting on behalf of Friends of the Earth, said: “Of particular importance in this legal challenge is whether the secretary of state lawfully concluded that the purchase of carbon credits would make a meaningful contribution to the UK’s net-zero targets, given their achievement relied on domestic – as opposed to international – offsetting.
“Friends of the Earth’s legal claim has now been filed with the court. It is our hope that a hearing is granted to allow full argument on these matters.”
The legal team also argues that the government has failed to fully consider the international impacts of the planning decision, stating that the planning consent would “undermine both the UK’s global reputation and its ability to influence others to increase mitigation ambition”.
Earlier this month, a separate legal team also wrote to Gove to inform him that they were drawing up a legal challenge on behalf of campaign group South Lakes Action on Climate Change.
The letter from Richard Buxton Solicitors stated that they would be applying for a judicial review hearing in a bid to overturn the decision over “errors” in Gove’s decision and the planning inspectorate’s report on the subject.
West Cumbria Mining, which has been working on plans for the mine since 2014, has previously said the coal mined would be used for metallurgical purposes and the mining operation would reduce reliance on imported coal.
The company has said a total of 16.4 million tonnes of coal for steel production is imported to the UK and Europe from the US each year, and that having a UK source for 3 million tonnes would cut 20,000 tonnes of carbon dioxide emissions each year.
However, UK Steel’s head of policy and external affairs, Richard Warren, told Construction News in December that the industry “will be transitioning away from [coking coal] in the latter years of this decade and the early 2030s, as it looks to decarbonise in line with government targets”.
In the years prior to that, manufacturers would need to source coal, which could include the new mine. But he argued that the “priority for industry” was a government-led “steel-decarbonisation strategy”.
A spokesperson for the Department for Levelling Up, Housing and Communities said: “The secretary of state has agreed to grant planning permission for a new metallurgical coal mine in Cumbria, as recommended by the independent planning inspector.
“This coal will be used for the production of steel and would otherwise need to be imported. It will not be used for power generation.
“The reasons for the secretary of state’s decision are set out in full in his published letter, alongside the report of the independent planning inspector who oversaw the inquiry.”
They added that “it would be inappropriate” to comment further on legal proceedings.
West Cumbria Mining has been approached for comment.
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