In a significant ruling on September 13, 2024, the UK High Court has overturned the approval for Britain's first coal mine in three decades. The decision marks a substantial victory for climate activists and a setback for the fossil fuel industry.
Mr Justice Holgate declared that the Conservative government's 2022 approval of the Cumbria coal mine in Whitehaven was "legally flawed." The judge emphasized that the assumption of the mine being net-zero or not increasing greenhouse gas emissions was incorrect.
This ruling comes in response to a legal challenge by Friends of the Earth and South Lakes Action on Climate Change. These environmental groups successfully argued that the planning permission failed to adequately consider the environmental impact of burning coal.
The proposed Cumbria mine would have been the first new deep coal mine in the UK in 30 years, following the closure of the last deep coal mine, Kellingley Colliery, in 2015. The project aimed to produce high-grade metallurgical coal for steelmaking across the UK and Europe, potentially creating around 500 jobs.
However, the court's decision aligns with recent trends in UK energy policy. The country has committed to phasing out coal-fired power stations by 2024 and has set an ambitious target to reach net-zero emissions by 2050. In fact, coal consumption in the UK has decreased by over 90% since 1970, and in 2020, it accounted for only 1.8% of the country's electricity generation.
The ruling also follows a June 2024 Supreme Court decision mandating the consideration of fossil fuel emissions when approving new projects. This prompted Angela Rayner, the Deputy Prime Minister, to abandon the government's legal defense of the Whitehaven proposal earlier this summer.
"This is fantastic news and a huge victory for our environment and everyone who has fought against this climate-damaging and completely unnecessary coal mine."
The environmental groups argued that approving the Whitehaven mine in 2022 contradicted the UK's international advocacy for phasing out coal. This stance was particularly relevant given the UK's role as host of the COP26 climate conference in Glasgow in 2021, where it emphasized its commitment to climate action.
While West Cumbria Mining, the mine's owners, declined to comment on the decision, their lawyers had previously argued that the development would have a "broadly neutral effect on the global release of greenhouse gas."
This ruling raises questions about the future of coal mining in the UK, especially considering the country's historical relationship with the industry. Coal mining in the UK peaked in 1913 with 287 million tonnes produced, but the country became a net importer of coal in 1983.
As the steel industry, which accounts for about 7% of global CO2 emissions, explores alternative technologies such as hydrogen-based processes, the need for metallurgical coal may decrease in the future. This development, combined with the UK's commitment to reducing emissions, suggests a challenging path ahead for any potential coal mining projects in the country.