Stop approval of 40 MILLION tonnes of new UK coal mining. It ends here

by Coal Action Network

Stop approval of 40 MILLION tonnes of new UK coal mining. It ends here

by Coal Action Network
Coal Action Network
Case Owner
Coal Action Network has been working with communities fighting coal extraction in the UK and in countries supplying this country since 2008.
Funded
on 16th March 2022
£40,380
pledged of £45,000 stretch target from 1232 pledges
Coal Action Network
Case Owner
Coal Action Network has been working with communities fighting coal extraction in the UK and in countries supplying this country since 2008.

Latest: Feb. 15, 2024

Our day in court!

A massive thank you for making our day in court last week possible. Without your support, it wouldn’t have been. And it meant we were represented by the very best: renowned Richard Buxton Solic…

Read more

Coal Action Network is launching a challenge to governmental decisions permitting a massive coal mine expansion. The Coal Authority says it cannot consider the climate impacts of this mine, while the Welsh Government believes it can’t block it. Our lawyers say both are wrong. 

Coal – still the #1 fossil fuel driving climate change globally

During 2021, at the COP26 climate summit in Glasgow, Boris Johnson told the BBC, “I’m not in favour of more coal”. The final COP26 text was the first from an international summit to specifically mention fossil fuels. It looked like coal was finally on its way out in the UK and internationally. Fast forward just a few months and the UK Coal Authority and Welsh Government are set to enable a massive coal mine extension. This will contribute to what is expected to be the biggest year ever for coal mining globally. Coal Action Network are taking legal action to stop the UK’s role in fuelling this climate chaos.

Aberpergwm coal mine extension proposal

The existing Aberpergwm coal mine is in South Wales. 

Mining company, Energybuild Mining Ltd, wants to extend mining until 2039 to extract an extra 40+ million tonnes of coal. If this happens it will release up to 1.17 million tonnes of methane, a powerful climate change accelerator, and around 100 million tonnes of CO2. 

The International Energy Agency has set out a pathway to reach net-zero by 2050, in which for both coking and steam coal, “[n]o new coal mines or extensions of existing ones are needed…existing sources of production are sufficient to cover demand through to 2050”1.

Why The Coal Authority?

The Coal Authority regulates all activity in the UK relating to coal mining. The Coal Authority insists it cannot legally consider climate change when deciding a coal mine application, a necessary step for coal mining in the UK. Our specialist legal team, including Richard Buxton Solicitors and our barrister, Estelle Dehon (recently tipped to be Queen’s Counsel) disagrees. Under our instruction, they challenged The Coal Authority on 9th March, explaining how—under The Coal Industry Act 1994—The Coal Authority could consider other factors such as climate change in its licencing decision. Our solicitors accordingly have called on The Coal Authority to revise its decision on the Aberpergwm coal mine extension. The Coal Authority has refused.

Why the Welsh Government?

The Welsh Government has failed to see that its approval is needed for this coal mine licence to be valid. It claims that as the mine was started prior to the Wales Act 2017, it does not apply to this extension. The Coal Authority has said it has asked the Welsh government for "any direction they wish to give", suggesting the coal regulator agrees with our lawyers, that the Wales Act does apply, and Welsh Governmental approval is needed for this licence to be valid.

What legal action is needed to stop the extension?

This crowdfunder will make it possible to haul both the Welsh Government and The Coal Authority into court to challenge the lawfulness of the decision to licence the Aberpergwm coal mine. This is called a Judicial Review. Coal Action Network has started this legal process with pre-action letters to both parties but the next stage gets really expensive. We need your help to see this through.

What would we win? 

We’d force The Coal Authority to remake its decision on the Aberpergwm coal mining licence. But critically, we’d have moved The Coal Authority to a new position where it must admit it could consider climate change as a reason to reject coal mine applications. We’d also force the Welsh Government to withhold approval rendering the licence invalid, as per its policy against coal. 

Winning both maximises our chance of stopping the coal being mined, but even if we win just one, we’re in with a good chance to stop this climate wrecking extension. 

The potential impact beyond this extension is also massive as it is likely to discourage future applications, including the three other coal mines/extensions still being considered in the UK.

How you can help stop 100 million tonnes of CO2 from being released

We can’t take either The Coal Authority and Welsh Government to court without your help, let alone both. We’ll be working with Barrister, Estelle Dehon, who, along with Richard Buxton Solicitors, have an incredible reputation of fighting fossil fuel projects. First, we need to raise £10,000 to pay for our legal team to get a Judge’s permission to start a Judicial Review. Step two—if that’s successful we’ll increase the amount we need to raise on the crowdfunder to cover the whole Judicial Review process. We have an estimate that this will be up to £65,000. Anything you can give and any networks you can share this crowdfunder through are so very much appreciated.

Should we raise more than we need, for example if one party concedes, we’ll pay up to £5,000 of the additional funds into community projects looking to improve the Neath Valley area. Anything beyond this will be used in other campaigns against the coal industry by Coal Action Network.

Thank you so much for supporting this Judicial Review and taking meaningful action to keep coal in the ground.

1 IEA (2021) Net Zero by 2050 A Roadmap for the Global Energy Sector, p103


Get updates about this case

Subscribe to receive email updates from the case owner on the latest news about the case.

Be a promoter

Your share on Facebook could raise £26 for the case

I'll share on Facebook
Update 6

Coal Action Network

Feb. 15, 2024

Our day in court!

A massive thank you for making our day in court last week possible. Without your support, it wouldn’t have been. And it meant we were represented by the very best: renowned Richard Buxton Solicitors, and Cornerstone Barristers Estelle Dehon (KC) and Asitha Ranatunga – giving us the best possible hope of stopping the Aberpergwm extension, and 100 million tonnes of CO2e along with it. As the gulf widens between action we need on climate change and action politicians take, we hope the judges arrive at the right decision. The judgement is expected within 4 months from now, and we'll update you with the outcome as soon as it's released.

We actively campaign to end coal mining and use in the UK, and for justice within communities impacted by it. Sign our petition calling on Welsh authorities to restore nature to the sprawling Ffos-y-fran opencast coal mine as they promised local residents over a decade ago. It would be the ultimate betrayal of that community to leave a mess that covers an area of 400 football pitches on their doorsteps.

Join our mailing list to get updates and involved. We're closing this crowd funder, but you can still support our critical work via PayPal.

Update 5

Coal Action Network

Dec. 11, 2023

We have a date for the court of appeal!

We've been granted approval to take our case challenging the licensing of Aberpergwm underground coking coal mine to the court of appeal in February!

This gives us the opportunity to persuade an appeal Judge that the Welsh Government erred in its position which led to the mine's extension license being approved, allowing coal mining right up to 2039. The Welsh Government said that it couldn't have a say in licensing the extension of Aberpergwm coal mine, but our legal team - and the Coal Authority  - disagree.

This may be our last opportunity to use litigation to stop millions more tonnes of coal being mined at Aberpergwm.

Are you able to share our crowdfunder with your friends or to further donate to stop the application? 

Many thanks, 

Anne, Daniel and Coal Action Network


Update 4

Coal Action Network

July 5, 2023

We're appealing the Judges' decision!

Although this Judge decided against our case in May, she has since admitted we have grounds for an appeal after receiving a letter from our legal team—which is rare and gives us hope for winning the case yet!

Left unchallenged this would allow EnergyBuild Ltd to continuing to operate the Aberpergwm deep coal mine until 2039, releasing up to 100 million tonnes of CO2. So we are appealing the decision.

After the recent IPCC report sounding the ‘final warning’ of irreversible and catastrophic climate change, it’s vital we dig our heels in and win this case on appeal.

We need your help to appeal this decision 

An appeal takes a lot of time and money… but we need to throw everything we’ve got at stopping this as literally everything is on the line with climate-trashing projects like Aberpergwm coal mine.

Please share or/and donate to give us a shot of winning this appeal. Sharing the CrowdFunder individually with your contacts is particularly useful <3

Update 3

Coal Action Network

May 19, 2023

Judicial Review decision announced

In 2022, we launched a Judicial Review as one of the last chances to stop Aberpergwm deep coal mine extension in South Wales, and keep up to 42 million tonnes of coal in the ground. You donated generously to make that legal challenge possible, and our legal team worked tirelessly to deliver a razor-sharp case. However, today, the Judicial Review decision upheld the mine to continuing to operate until 2039 to the tune of over 100 million tonnes of CO2. 

This judgement comes fewer than two months after the IPCC released a report sounding the ‘final warning’ of irreversible and catastrophic climate change. Although ultimately the judge’s decision upholds the Aberpergwm coal mine in the midst of our climate crisis, the judgment agrees with our legal team on a number of crucial points, creating some optimism around a possible appeal. An appeal is no light undertaking in time and funding… but we need to throw everything we’ve got at stopping this when literally everything is on the line with climate-trashing projects like Aberpergwm coal mine. We’d definitely need your help via a new appeal crowd funder if our expert legal team advise us this is the way to go. If you’re able to chip in to pay for our current legal advice, our original judicial review CrowdJustice crowdfunding page is still open.

Progress is uneven and marked by setbacks like this, but we’ve won against 23 coal mines in the UK—there's 4 more to go, and to finally close the door to any new coal mines. We hope you’re with us until the end.

The whole team at Coal Action Network x

Update 2

Coal Action Network

March 17, 2023

Our hearing has been heard...now we await a judgement!

Wow – yesterday marked the conclusion of our hearing on the Aberpergwm deep coal mine extension that you made possible with your generosity to this crowdfund. Despite the rain, we were greeted outside the courts by a demonstration of Welsh support for a sustainable coal-free future in Wales and media covering the story.

Inside, our legal team performed brilliantly, speaking faultlessly for hours about the intricacies of relevant laws, policies, and licences. Check out our short write-up on how the hearing went down on our website.

We’re confident the judge will be persuaded by the powerful and consistent arguments our legal team has made, and find in our favour – 42 MILLION tonnes of coal is at stake. We want to thank our Barrister Estelle Dehon (KC) of Cornerstone Barristers, and Matthew McFeeley, partner at Richard Buxton Solicitors. We anticipate a decision from the judge within around 3 months from now and we’ll update you with the outcome – but in the meantime, please email us if you live in or near to Carmarthenshire or Merthyr Tydfil; we want your help to fight two coal mine extensions there: [email protected]

Update 1

Coal Action Network

June 28, 2022

We're taking coal to the High Court!

Exciting update:

We've just been awarded a full judicial review in the High Court with a senior judge to hear our case against the Welsh Government AND the Coal Authority. We're pushing back on the 42 million tonne Aberpergwm coal mine expansion waved through in January - see our key facts and figures on the expansion.

Thank you to the hundreds of donations from you all into our crowd funder, you've got us this far!

When?

We don't have a date for the hearing yet, and may not get a final decision until early 2023 - it's a long wait! The outcome is never certain, but we're in good hands with Richard Buxton Solicitors and experienced Barrister, Estelle Dehon QC - and we'll keep you in the loop!

More important than ever...

This case is so vital now as Government Ministers - all the way up to the Prime Minister - are weaponising energy prices and security to swing behind fossil fuels, and using distant climate targets to justify digging up and burning anything within reach now. We must show those Ministers that they don't represent us, or the path we need to be on.

Daniel, and the team at Coal Action Network x

Get updates about this case

Subscribe to receive email updates from the case owner on the latest news about the case.

    There are no public comments on this case page.