A LEGAL challenge over the government’s decision to approve a new coal mine in Whitehaven has been delayed.
This is until a separate, but potentially significant, legal case reaches its conclusion.
Friends of the Earth and South Lakes Action on Climate Change (SLACC), the two groups bringing challenges against the mine, were due to appear before the High Court in October, but the hearing has now been postponed.
The court has decided to await the outcome of a landmark challenge to a separate decision to allow oil drilling at Horse Hill in Surrey before setting a new date.
Brought by campaigner Sarah Finch on behalf of the Weald Action Group, the Horse Hill challenge was heard by the Supreme Court in June - the court has not yet given judgment.
Lawyers for Ms Finch argued that the environmental impact assessment (EIA) carried out by developers before planning permission was granted should have accounted for the climate impacts from burning the oil extracted at Horse Hill.
These are known as ‘downstream’ or ‘Scope 3’ emissions and she says were not accounted for during the planning process.
Friends of the Earth lawyer, Niall Toru, said: “We’re pleased the court has decided to delay the Whitehaven hearing - the Horse Hill case could set a critical legal precedent.
"Companies looking to extract fossil fuels shouldn’t be allowed to disregard the full impacts of their actions.
"We will be following the outcome of the Horse Hill challenge very closely, and look forward to the day our case can go to trial.”
When the mine was initially approved back in December 2022 the former elected mayor of Copeland Mike Starkie said: "It will bring a huge economic boost to our area.
"I'd like to pay particular tribute to Mark Kirkbride the chief executive of the company [West Cumbria Mining] for sticking with this and then the investors who are backing it."
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