Government will not defend Cumbria mine legal challenges

The Secretary of State for Housing, Communities and Local Government says there was an “error in law” in the decision to grant planning permission for the mine in December 2022. 

Now the government will not defend two legal challenges next week against the mine, one of which is by Friends of the Earth who are represented by Leigh Day environment team.

Instead the government has informed the court that the decision to grant planning permission should be quashed. If that is agreed by the court, the planning application will go back to the Secretary of State to make a fresh decision. 

The government’s move follows the result of the Supreme Court's recent judgement on the “Finch v Surrey County Council'' case which ruled that emissions from burning fossil fuels must be considered in planning applications for new extraction projects - not just the impacts of the emissions produced in extracting them.  Sarah Finch was also represented by Leigh Day environment team solicitor Rowan Smith in her long legal fight against the production of oil at at site at Horse Hill in Surrey.

Sarah’s legal action was brought on behalf of the Weald Action Group, and supported by Friends of the Earth as a legal intervener.

Friends of the Earth says it is now clear that the combustion emissions from the inevitable burning of the Cumbrian coal should have been assessed in the developer’s climate assessment. 

The legal challenges to the previous decision to grant planning permission for the mine are still expected to take place on 16 July – unless West Cumbria Mining also concedes the case. 

Friends of the Earth is represented in the legal challenge by Rowan Smith and Julia Eriksen who instructed Paul Brown KC, Toby Fisher and Alex Shattock.

Friends of the Earth climate co-ordinator, Jamie Peters, said:    

“We’re delighted the government agrees that planning permission for this destructive, polluting and unnecessary coal mine was unlawfully granted and that it should be quashed. We hope the court agrees, and that the mine is then rejected when the Secretary of State reconsiders the application. 

“Friends of the Earth will continue to stand alongside SLACC and the other community groups in Cumbria who have fought so bravely to halt this mine.   

“The new government must now ensure that areas like West Cumbria get the jobs and investment they urgently need so that people living there can reap the benefits of building a clean, green and affordable future.”  

Rowan Smith, solicitor at Leigh Day (assisted by solicitor Julia Eriksen) said:

“Our client is delighted that the government has agreed to settle this case and recognised that the law is 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.”