Court case starts today over West Cumbria coal mine

Two campaign groups opposed to a new coal mine on the West Cumbria coast will face the powerful mining company behind the plan in the High Court today.

Last week the new government’s lawyers informed the Court that it would not defend its previous approval of the mine. 

Despite the concession by the Government, West Cumbria Mining has confirmed it will defend the case, meaning that the hearing will go ahead at the Royal Courts of Justice today (16 July 2024).  

The hearing is scheduled to run over three days, until Thursday afternoon, with South Lakes Action on Climate Change (SLACC) and Friends of the Earth opposing West Cumbria Mining.

West Cumbria Mining, owned by Singapore registered Woodhouse Investment Pte Ltd, and who’s ultimate parent company is Cayman Islands registered EMR Capital Resources Fund, insists they will deliver a “significant world class scheme” with an investment of more than £200m, all privately funded, during construction.

EMR is chaired by mining veteran Owen Hegarty, the former managing Director of Rio Tinto Asia and head of its Australian copper and gold business from 1989 to 1994.

Matthew McFeeley, a Partner at Richard Buxton Solicitors representing SLACC said: “The Government now concedes that the grant of planning permission for this new coal mine was unlawful.  It has accepted that the Supreme Court’s recent judgment means the emissions from using the coal should have been calculated and assessed. 

“Proper consideration of the emissions from this mine includes the use of the coal it produces. That wasn’t done, which was unlawful. We hope this case finally lays bare the absurdity of the claim that any coal mine can be carbon neutral.”  

Previous Secretary of State Michael Gove granted planning permission to the controversial proposed new coal mine in Cumbria in December 2022.

In its last public statement on the planning application, in April, West Cumbria Mining said it “continues to focus on preparatory works prior to commencement of real construction activity, no later than early 2025.” 

West Cumbria Mining have been contacted for comment and this story will be updated when they do so.