Whitehaven coal mine: Friends of the Earth to launch legal fight

Friends of the Earth is to take legal action against the government over its decision to approve the UK's first major coal mine in more than 40 years.

The environmental campaign group argues Communities Secretary Michael Gove "acted unlawfully" when he approved the project in Cumbria last month.

The mine, near Whitehaven, is expected to extract millions of tonnes of coking coal for steel production each year.

The government said it acted on advice of the independent planning inspector.

Having initially been approved by Cumbria County Council in 2020, the mine became the subject of a public inquiry in 2021 and then the government repeatedly delayed its decision over the project's fate.

It was eventually given backing in December, but Friends of the Earth says it will file a legal claim later this month as it believes Mr Gove "failed to account for the significant climate impacts".

The company behind the Woodhouse Colliery scheme, West Cumbria Mining, argues it will create 500 highly skilled jobs with potential for 1,500 more in the supply chain.

Opponents say the mine would create more greenhouse emissions and its approval is contrary to the UK government's stated net zero goals.

Niall Toru, lawyer at Friends of the Earth, said: "With the world facing a climate emergency, we shouldn't have to take this challenge to court.

"Any sensible government should be choosing to leave coal in the ground and accelerating the transition to a safe, clean and sustainable future."

Rowan Smith, solicitor at Leigh Day which is representing the group, added: "A critical issue raised by Friends of the Earth during the inquiry was the signal that granting a new coal mine in the middle of a climate emergency would send to the rest of the world.

"Friends of the Earth believes that this was never properly grappled with by either the Inspector or the Secretary of State. We hope that the court will agree that this argument justifies a full hearing."

In response to news of the legal challenge, the Department of Levelling Up, Housing and Communities said in a statement: "The secretary of state has agreed to grant planning permission for a new metallurgical coal mine in Cumbria as recommended by the independent planning inspector.

"This coal will be used for the production of steel and will not be used for power generation.

"The reasons for the secretary of state's decision are set out in full in his published letter, alongside the report of the independent planning inspector who oversaw the inquiry into the proposal".

The spokesperson added that "given the quasi-judicial nature of this decision" it could not comment further but the government's "commitment to phase out coal for power generation by 2024 remains in place".

The project has divided opinion among people in Cumbria, with some welcoming the opportunity for much-needed jobs, while others have expressed concerns about the environmental impact.

Local campaign group, South Lakes Action on Climate Change, previously told the BBC it was mulling a judicial review in a bid to have the government's decision quashed.

Copeland's Conservative elected mayor, Mike Starkie, described the Whitehaven mine as "a huge economic investment", while Copeland's Conservative MP, Trudy Harrison, also welcomed the decision for its go-ahead.

Follow BBC North East & Cumbria on Twitter, Facebook and Instagram. Send your story ideas to [email protected].