“The assumption that the proposed mine would result in no net increase in greenhouse gas emissions… is legally flawed,” the High Court judge concluded in his decision.
The British courts on Friday annulled a permit given by the previous Conservative government to the contested project to develop the first coal mine in 30 years in the United Kingdom in Whitehaven, in the northwest of England.
“The assumption that the proposed mine would not result in a net increase in greenhouse gas emissions (…) is legally flawed”the High Court judge concluded in his ruling. The new Labour government had backed down from supporting the project in court at a hearing in July, acknowledging “that there was an error of law in the decision to grant the permit for the Whitehaven coal mine”.
The proposed underground metallurgical coal mine in Cumbria was approved by a previous Conservative government in late 2022. It was immediately challenged in two complaints, including one from environmental NGO Friends of the Earth.
A political issue
The Labour Party, which won the UK general election in July by a landslide after 14 years of Conservative rule, had indicated during the campaign that it “will not grant new coal licenses”.
Friday’s ruling also follows a decision by the British Supreme Court in June that ruled a drilling permit at Horse Hill in southern England was illegal because it failed to take into account emissions from using the extracted oil. The Conservative government, which approved the mine, had argued that the coal produced would be used for steelmaking in the UK and Europe, not for electricity generation, and would replace coal that would otherwise have to be imported.
Victory for NGOs
After an initial setback for NGOs last year in court, Friday’s decision is “A huge victory for the environment and for all those who fought against this climate-damaging coal mine”Friends of the Earth lawyer Niall Toru said in a statement. The government will now have to reconsider the authorization granted by its predecessors. A process that “can only lead to one conclusion: to reject this mine once and for all”the lawyer continued.
The British Labour government also announced in August that it would no longer defend in court the development of the controversial Rosebank oil and gas field in the North Sea, which was also approved by the previous Conservative government.
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