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R (Coal Action Network) v. Welsh Ministers and Coal Authority - press release

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R (Coal Action Network) v. Welsh Ministers and Coal Authority - judgment

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In 2020, private company Energybuild Ltd applied to the UK Coal Authority to deconditionalise the remaining conditional part of a coal mine licence, relating to a site in Aberpergwm, Wales. The purpose of the application was to expand mining operations. Emissions relating to the proposed expansion were estimated at approximately 100 million tonnes of CO2 from combustion of the coal and 1.17 million tonnes of methane gas, until the license expires in 2039. 
In January 2022, the Coal Authority approved the application, resulting in a public law challenge by Coal Action Network, a group that aims to end coal use within the UK. The challenge was heard by the High Court in March 2023. In May 2023 the claim was dismissed.
The judge dismissed ground 1. Whilst Welsh Ministers now have the power to approve or decline authorisations for coal mining in Wales, that power was not applicable. The licence in question was granted before the power came into force, and there was a presumption against legislation having retrospective effect which was applied here.
The judge dismissed ground 2, which alleged the Coal Authority had interpreted its statutory powers too narrowly and, as a result, ignored relevant considerations concerning climate policy and climate impacts. The matters relied on by the claimant were not material to the Coal Authority’s task, which was to determine whether the conditions precedent in the conditional licenses had been fulfilled. The Coal Policy Statement, relied on by the claimant, only expresses what the Welsh Ministers’ intend to do, or not do, in future with respect to coal extraction. The statement was not relevant to the Coal Authority’s limited task of determining whether the conditions precedent were satisfied. Nor were the adverse climate change impacts, and the effect on the Welsh Ministers’ ability to meet their climate change targets, relevant to whether the conditions precedent were satisfied.
Coal Action Network appealed the ground 1 findings, relating to the powers of the Welsh Ministers. The grounds of appeal focussed on whether the legislation had retrospective effect, and on the scope of the mining company’s property rights under the European Convention on Human Rights. The Court of Appeal held, however, that these matters did not arise. The legislation, properly interpreted, did not grant functions on the Welsh Ministers in relation to licences granted prior to the relevant devolution legislation, enacted in 2018. In reaching this conclusion the Court of Appeal saw no proper basis for inferring that the meaning of the devolution legislation was affected by the background against which it was enacted of increased national and international recognition of the importance of efforts to address climate change. There were no legitimate aids to statutory interpretation which indicated that the extent of the devolution powers conferred were to be judged by reference to the national or international context in this way (judgments paragraphs 27, 34 and 47).
It is not known whether Coal Action Network intend to apply to the Supreme Court for permission to appeal.

R (Coal Action Network) v. Welsh Ministers and Coal Authority

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An aim to achieve a quantifiable outcome within a given time-frame, set by an institution such as a national government.

Policy instruments are techniques or tools used by governing authorities to promote certain policies in order to achieve predetermined goals. Put simply, instruments are how a government tries to achieve its goals, with this taxonomy being focused on national policy instruments.

Risk is the potential for adverse consequences resulting from the dynamic interplay between (climate-related) hazards, exposure, and vulnerability of affected human or ecological systems.

Groups  of people who are adversely affected by climate change or the response to it

A set of principles, processes, and practices that build economic and political power to shift from an extractive economy to a regenerative economy.

Renewable energy means all forms of energy produced from renewable sources in a sustainable manner.

Fossil fuel is a generic term for non-renewable energy sources such as coal, fossil gas, and oil (including crude oil, and petroleum products), that can be used for electricity and heat generation. Fossil fuels are hydrocarbons formed from pressurised and heated organic material buried over millions of years.

Molecules in the atmosphere that play a key role in the greenhouse effect by trapping heat radiating from Earth’s surface.

Area of the economy in which actors engage in identical or related activities.

In human systems, the process of adjustment to actual or expected climate change and its effects, in order to moderate harm, increase resilience or exploit beneficial opportunities. In natural systems, the process of adjustment to actual climate change and its effects; human intervention may facilitate adjustment to expected climate change and its effects.

The management and allocation of funds, assets and investments to meet various objectives

A long-lived, colourless gas, chiefly emitted from fossil fuel combustion, deforestation and cement production.

Activities of industries that extract natural resources, such as mining, oil, and gas, for commercial use.

Coal is a combustible sedimentary rock formed from carbonised plant matter, rich in carbon and hydrocarbons, and occurring in several main types including hard coal and brown coal.

A potent, short-lived greehouse gas, largely released from livestock, fossil fuel extraction and waste management.

Extreme weather refers to events where a weather variable exceeds (or falls below) a threshold. Meaning it is significantly different from the average or usual weather pattern.

R (Coal Action Network) v. Welsh Ministers and Coal Authority - press release

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