Climate change: Coal mine expansion challenged in court

The Coal Action Network is battling the planned expansion of Aberpergwm mine

Environmental campaigners hope a legal challenge will halt the extraction of 40 million tonnes of coal from a mine.

Plans to expand the Aberpergwm mine in Neath Port Talbot were approved in January 2022.

At the Cardiff Justice Centre, campaigners told the court the Welsh government had the authority to prevent the licence being issued.

The Welsh government said the original licence was granted before they had authority over it.

Campaigners argued the Coal Authority should have considered the Welsh government's carbon reduction targets when granting the licence last year.

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Campaigners said the extension application by Energybuild, which runs the mine, would be equivalent to 100 million tonnes of carbon dioxide being released into the atmosphere.

The Welsh government acknowledged it had no control over how the extracted coal would be used and that mining coal was incompatible with its net zero targets and declaration of a climate emergency.

The Coal Authority consulted Welsh ministers about the application in January 2020, but were told they would not make the decision.

Campaigners say ministers in Cardiff Bay had the power to intervene under the Wales Act 2017 and that licences had to satisfy considerations such as planning, which were within Welsh government control.

Aberpergwm provides coal to Tata Steel in Port Talbot

Correspondence between the government and the department of Business Energy and Industrial Strategy noted: "Coal mining operations in Wales were a matter for Welsh ministers."

The Coal Action Network argued that the Welsh government had powers over the conditions of the licence.

Gregory Jones KC on behalf of Welsh government dismissed the Coal Action Network's argument as "contorted and bizarre", saying there would be chaos if Welsh ministers could act retrospectively.

Campaigners had gathered outside court ahead of the hearing, which is set to last for two days.