High Court agrees to hear coal mine legal challenge

A High Court judge has given the go ahead for two legal challenges over the government’s decision to grant planning permission for a controversial new coal mine in West Cumbria to proceed to a three-day hearing. 

The decision has been welcomed by Friends of the Earth and South Lakes Action on Climate Change (SLACC) - the organisations behind the legal claims. 

In a court order sent to both claimants, the judge said that instead of convening a hearing for the parties to request permission to proceed to a full trial, which was due to take place on Tuesday (23 May), their cases will now be heard at what’s known as a ‘rolled up’ hearing. 

In practice this is the same as a trial. It will last for three days and is likely to take place in the summer or autumn. 

Earlier this week, it was reported that a Supreme Court appeal over plans to allow oil drilling at Horse Hill in Surrey, brought by the appellant Sarah Finch, could set a precedent for the legality of approving new fossil fuel developments. The landmark challenge is due to take place on 21 June, with the company behind the Cumbrian mine intervening as an interested party.

Friends of the Earth and SLACC launched their legal challenges in January after Michael Gove, Secretary of State for Levelling Up, Housing and Communities, gave planning permission to the new coking mine in December 2022. The organisations were the two main parties opposing the coal mine at the planning inquiry which took place in September 2021.

SLACC and Friends of the Earth contend that Mr Gove failed to account for the significant climate impacts of the mine, including the acceptability of carbon credits to offset the mine’s emissions, the international precedent that opening a new mine would set and the impact of opening the mine on the global coal market.

Maggie Mason of SLACC said: 

“This is a positive and sensible decision. Having looked at the submitted papers, the Court has decided it is worth scheduling a three-day hearing on SLACC and Friends of the Earth’s legal challenges.

“SLACC members and supporters will observe the Finch versus Surrey County Council Hearing in June, and hope that the death and destruction caused by burning oil and gas will, in future, be taken into account before any new mines and oil wells are given planning permission."

Friends of the Earth campaigner, Tony Bosworth, said:

“We’re delighted the court agrees that our legal challenge against this mine deserves to be heard. 

“We believe the Secretary of State made significant climate-related errors when he granted planning permission for this development, and that his decision was unlawful. 

“With climate breakdown accelerating even faster than scientists predicted, it’s more important than ever that ministers’ decisions reflect the long-term interests of people and the planet, and not misguided short-term political considerations.”

ENDS

Notes:

1. The court’s guidance explains the process for the High Court permission hearing (paras 9.4 to 9.6) and for the process for a ‘rolled up hearing’ (para 9.2.1.5). 
2. Read a short summary of SLACC's case.
3. View a Friends of the Earth briefing on its legal challenge.
4. SLACC is represented on this case by Matthew McFeeley of Richard Buxton Solicitors and by Estelle Dehon KC and Rowan Clapp of Cornerstone Barristers.
5. Friends of the Earth is represented by Rowan Smith at Leigh Day solicitors, and by Paul Brown KC, Alex Shattock (both Landmark Chambers) and Toby Fisher (Matrix Chambers). Friends of the Earth’s lead in-house lawyer on the case is Niall Toru. 
6. About South Lakes Action on Climate Change (SLACC): SLACC is a small charity based in Kendal, Cumbria. For more information visit www.slacc.org.uk or follow us at @slacctt