Whitehaven coal mine legal challenge rejected

The mine will be constructed on the site of the former Marchon chemical works on the outskirts of Whitehaven

A legal challenge opposing the UK's first major coal mine in more than 40 years has been rejected.

South Lakes Action on Climate Change (SLACC) and Friends of the Earth had called for the High Court to quash government approval for the mine at Whitehaven in Cumbria.

They argued Levelling Up Secretary Michael Gove's backing was based on "errors in law".

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

Approved in December, the Woodhouse Colliery scheme will see millions of tonnes of coking coal extracted for steel production.

Operator West Cumbria Mining says it will create 500 highly-skilled jobs with up to 1,500 more in the supply chain.

'Not the end of the line'

However, environmental campaigners argue Mr Gove "failed to account for the significant climate impacts of the mine".

Carole Wood, chairwoman of SLACC, said the two groups would use their right to contest the High Court's ruling at a specially convened hearing.

"We and our legal team are firmly of the view that there are legal errors in the government's decision to permit the mine.   

"The government sought to turn a blind eye to the climate impacts from burning the coal that will be produced by the mine, and we look forward to a hearing to consider whether this approach can be lawful."

Friends of the Earth campaigner Tony Bosworth added: "This isn't the decision we had hoped for, but it isn't the end of the line.

"Opponents of the mine raised critically important, climate-related questions in the planning inquiry, but these were either fudged or avoided. With the world in an accelerating climate crisis, these issues cannot be ignored."

Campaigners fear the mine will undermine the UK's climate targets

In response to the court's ruling, the Department for Levelling Up, Housing and Communities said: "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.

"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.

"It would be inappropriate to comment further given ongoing legal proceedings."

It argues the site will be used for producing steel which would otherwise need to be imported and that the development will have "an overall neutral effect on climate change".

The mine was initially approved by Cumbria County Council in 2020 but was then made the subject of a public inquiry.

A ruling was delayed several times before the government gave the scheme its backing in December.

Supporters believe it will give west Cumbria a much-needed economic boost.

Copeland's Conservative elected mayor, Mike Starkie, has described it as "a huge economic investment" and fellow Conservative Trudy Harrison, the MP for Copeland, has also given her approval.