THE company behind a proposed new coal mine near Whitehaven says it has ‘robustly defended’ legal challenges heard in the High Court last week.

The three-day hearing examined legal challenges by Friends of the Earth and South Lakes Action on Climate Change (SLACC), who argued that the decision approved under the last government in 2022 by Michael Gove, was ‘unlawful’.

On July 10, less than a week before the hearing was due to take place, the rebranded Ministry of Housing, Communities and Local Government, now run by Deputy Prime Minister Angela Rayner, confirmed it was dropping its defence of the Whitehaven coal mine.

West Cumbria Mining has since said it did not agree with the ‘extraordinary U-turn’, and has continued to defend the case on its own.   

A statement published by the company said: “West Cumbria Mining (WCM) can confirm that it has robustly defended the legal challenges heard in the High Court (held at the Royal Courts of Justice in London) on July 16, 17 and 18.

“Ahead of the general election, lawyers for the Government (on behalf of the Secretary of State, Michael Gove) submitted a strong defence against all of the grounds of claim on July 1, 2024.  On July 10 (less than a week before the hearing was due to commence) the new Secretary of State, Angela Rayner, radically changed position and conceded the claim.

“WCM did not agree with this extraordinary U-turn, and as a result (as permitted under court procedures) continued to defend the case on its own. 

“WCM now awaits the decision of the High Court, with the judgement anticipated to be issued within the next few months.

“WCM will issue a further update once the decision from the High Court has been received.”

Former mayor of Copeland, Mike Starkie, one of the project’s biggest supporters, said: “I hope that common sense prevails and the court gives the mine the green light.”

SLACC and Friends of the Earth say 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.

Friends of the Earth senior lawyer, Niall Toru, said: "Rather than trying to breathe new life into a dying industry, coal should be left in the ground where it belongs, given the climate emergency.

"The new government must now focus on growing the green economy, with priority given to areas like West Cumbria to ensure they get the investment, jobs and opportunities they so urgently need.”