UK government declares approval of new coal mine a ‘misapplication of law’

New UK government admits unlawfully approving new coal mine in West Cumbria

The UK’s new government has admitted that the decision to approve a new coal mine in West Cumbria was made unlawfully. This acknowledgment follows a ruling by the Supreme Court last month, where a fossil fuel project in Surrey was quashed due to the failure to take into account the carbon emissions from burning the fuel.

The coking coal mine in West Cumbria was initially approved in 2022 by Michael Gove, who was in charge of the levelling up department. However, a legal challenge brought by activists was set to be heard in the High Court next week. In light of the recent ruling over the Horse Hill oilfield, the Ministry of Housing, Communities, and Local Government, now under the leadership of Deputy Prime Minister Angela Rayner, has dropped its defense of the Whitehaven Coal Mine.

The Ministry stated that there was an “error of law” in the 2022 decision to greenlight the mine. Jamie Peters, the climate co-ordinator for Friends of the Earth, expressed satisfaction with the government’s decision, stating that the coal mine was “destructive, polluting, and unnecessary.”

He added that the court should agree with the government and quash the planning permission for the coal mine.

Mr. Peters also urged the new government to prioritize job creation and investment in areas like West Cumbria, ensuring that its residents can benefit from a clean, green, and affordable future.

On the other hand, Mark Jenkinson, the former local Tory MP for Penrith, criticized the government for “failing West Cumbria from week one.” He made this statement on X, without specifying a date.

Activists in both the West Cumbria coal mine and Horse Hill oilfield cases argue that the environmental impact assessment should consider not just the emissions from extracting the fuel, but also the emissions from burning it. However, the industry argues that these “downstream” emissions are already factored into other assessments and do not require separate consideration.

The court case is expected to proceed if the mine developer, West Cumbria Mining, decides to challenge the decision. Sky News reached out to the company for comment, but there has been no response yet.

If the High Court ultimately decides to quash the original decision, it does not mean the project will be canceled. Instead, the secretary of state will have to reconsider the project with all the necessary information about its potential emissions.

The current Labour party is not likely to grant permission for the coal mine, as it has promised to end new licenses for fossil fuel projects if elected. Additionally, since the initial approval in 2022, Tata, the intended market for the coking coal, announced plans to close the Port Talbot steelworks, further adding to the uncertainty surrounding the project.

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