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The Climate Litigation Database

West Cumbria Mining v. Cumbria County Council

Geography
Year
2021
Document Type
Litigation

About this case

Filing year
2021
Status
Pending
Court/admin entity
United Kingdom → England and Wales → High Court of Justice
Case category
Suits against governments (Global) → Environmental assessment and permitting (Global) → Natural resource extraction (Global)
Principal law
United Kingdom → National Planning Policy Framework
At issue
Whether Cumbria County Council acted lawfully in referring a decision on a planning application for a new coal mine to committee for a fourth time
Topics
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Documents

Filing Date
Document
Type
Topics 
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Summary

On March 5, 2021, West Cumbria Mining filed an application for judicial review of Cumbria County Council's decision to reconsider a planning application for a new metallurgical coal mine in Whitehaven, Cumbria for the fourth time. According to a press release from the claimants, they argued that the council's decision misunderstood both the relevant facts and law. The referral had been made after a threat of legal action against the council by a local community group opposed to the project and the issuance of a report by the Committee on Climate Change - the UK's independent advisory body on climate change - on the UK's sixth carbon budget. On March 11, 2021, the Secretary of State for Housing, Communities, and Local Government exercised his powers to "call-in" the planning application for determination at the national level. The hearing before the high court has been postponed as the Court has decided to first await the decision of the oil drilling in Surrey case.

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Group
Topics
Target
Policy instrument
Risk
Renewable energy
Fossil fuel
Greenhouse gas
Economic sector
Adaptation/resilience
Finance