A High Court hearing in London is examining the legality of a proposed coal mine in Whitehaven, Cumbria, amid a broader debate on fossil fuel projects in the UK. The case represents a key test following a major June ruling that cast doubt on the approval of new fossil fuel projects in the UK.
The mining company, West Cumbria Mining, is defending its plan to build what it describes as a “unique” net-zero coal mine, aimed at producing coking coal for steel manufacturing. Approval for the mine was granted in 2022 by the previous government. However, climate groups Friends of the Earth and South Lakes Action on Climate Change (SLACC) are challenging the decision, arguing that it did not account for the global greenhouse gas emissions from burning the coal, only those associated with operating the mine.
The Labour Party opposed the Whitehaven project while in opposition, and the new government has since withdrawn its defense, citing an “error in law.” The court will decide on the legality of the project based on the arguments presented during a three-day hearing this week.
Climate advocates argue that the company’s plans to offset greenhouse gas emissions are unrealistic and that the claim that domestic coal would substitute for international coal, avoiding additional global emissions, is flawed. Estelle Dehon KC, representing SLACC, criticized the mine’s environmental arguments, stating, “The arguments for the mine do not address the 2.7 million tonnes of coal being burnt.”
In contrast, James Strachan KC, representing West Cumbria Mining, defended the project, asserting that it could achieve net-zero emissions through the use of green transport and electricity. He also emphasized that the mine’s contribution to global coal supply would be negligible. The court heard arguments about the potential impact of the mine on the UK’s global climate leadership, with Paul Brown KC for Friends of the Earth claiming that the project undermines the UK’s international reputation.
The proposed mine has sparked division in Whitehaven, with the local community split over its potential benefits. The project promises approximately 500 local jobs, which has garnered support from former Conservative mayor Mike Starkie. Conversely, newly-elected Labour MP Josh MacAlister views the mine as a “risky bet on a dying industry” and advocates for well-paid jobs through the new government’s green industrial strategy.
This hearing is the first major test following a Supreme Court ruling last month that deemed a previous oil project’s approval unlawful due to inadequate consideration of emissions from burning the oil. The judge’s decision on the Whitehaven mine is expected in the coming weeks.