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The company planning to build a new coal mine in Whitehaven, Cumbria has fought its case in court, saying it can and will build a “unique” net zero mine.
The High Court hearing in London is the first test of a major ruling in June that raised doubts that any new fossil fuel project could be approved in the UK.
The head of the mining company sat side-by-side in court with the climate campaigners that want to stop him opening the UK’s first deep coal mine in 30 years.
The judge will give a decision in the coming weeks.
Approval for the mine – which aims to produce coking coal for use in steel manufacturing – was granted in 2022 by the last government.
Climate groups Friends of the Earth and South Lakes Action on Climate Change (SLACC) are challenging the decision, saying that it did not consider the planet-warming greenhouse gas emissions from burning the coal – only from running the mine.
Labour opposed the Whitehaven project in opposition and instead of defending it in court, the new government walked away from the case last week, citing an “error in law”.
Chief executive of West Cumbria Mining Mark Kirkbride was in court and declined to comment when asked by BBC News if the mine has a future now that the government has withdrawn its defence.
It is up to the court to decide on the lawfulness – and lawyers for both sides presented their cases in a three-day hearing this week.
Lawyers for the climate groups said that the company’s plans to offset the greenhouse gas emissions were unrealistic.
They also said the mine could not correctly claim that by digging coal in the UK, it would substitute coal mined in other parts of the world, meaning there would be no extra greenhouse gas emissions globally.
Estelle Dehon KC, representing SLACC said the arguments for the mine “do not address the 2.7 million tonnes of coal being burnt”.
James Strachan KC, representing West Cumbria Mining, disagreed, saying: “there is no uncertainty on substitution – it’s crystal clear.”
He said the mine’s ability to be net zero in building and running the mine by using green transport and electricity was credible.
The court also heard arguments about the impacts of approving a new mine on the UK’s global climate leadership.
Paul Brown KC for Friends of the Earth said that the government’s decision “smacked of hypocrisy and undermined the UK’s international reputation”.
He said there was “no significant need” for the coal because UK steel manufacturers plan to use electric furnaces instead of coking coal.
Ms Dehon said the government had not seriously considered “the effect of encouraging other countries to permit new fossil fuel developments increasing global greenhouse gas emissions.”
But Mr Strachan KC said those allegations were “simply not credible and flies in the face of the decision.”
The hearing is the first test of the Supreme Court ruling last month over an oil project in Horse Hill, Surrey. It ruled that permission had been unlawful because it did not consider the emissions from burning the oil.
The proposed mine has divided opinions in Whitehaven, a former industrial centre. The company has promised around 500 jobs, mostly for local people.
Former Conservative mayor for the area Mike Starkie has long supported it, saying it would bring economic investment to communities there.
But the newly-elected Labour MP for Workington and Whitehaven Josh MacAlister said the mine was “a risky bet on a dying industry” and that the region needed “well-paid jobs” that the new government would deliver with its green industrial strategy.
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