Legal Metals & Minerals News

WCM coal mine approval was “error in law”

West Cumbria Mining Ltd’s plans for a new deep coal mine again face uncertainty after the new Labour Government said that the initial 2022 approval was an “error of law”.

Focus: engaged in preparatory work before construction in 2025 (Pixabay)

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The Government’s words, said yesterday to the BBC, follows the Supreme Court’s ruling that oil production at Horse Hill in Surrey must include end-use emissions in its application, originally approved in 2019.

WCM is due to have a deferred rolled-up High Court hearing between 16 and 18 July, following challenges from Friends of the Earth and South Lakes Action on Climate Change against the then Conservative Government’s approval for the mine.

A statement today from FoE’s legal representative Leigh Day said that the law was now “crystal clear”.

“The climate change impact of the inevitable release of greenhouse gas emissions from burning fossil fuels must be assessed before they are extracted.

“That did not happen when planning permission was granted for the Whitehaven Coal Mine, and the government now accepts that omission was unlawful.

“Any claims that the mine would be net zero, which our client argues was wrong in any event given a misunderstanding by the then Secretary of State as to how carbon credits could offset emissions, are now completely unsustainable.”

WCM, which has been focusing on preparatory works before beginning construction activity in early 2025, has yet to make a statement.

The government department covering the application is now the renamed Ministry of Housing, Communities and Local Government, run by deputy prime minister Angela Rayner.

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