Campaigners have lost a judicial review bid to prevent the expansion of a controversial coal mine which would see up to 40 million metric tonnes of coal extracted by 2039. Aberpergwm Colliery, in the Vale of Neath, has been in operation in some form since the 1800s and the new plans would see conditions lifted from the licence for an area covering 1,131 hectares to allow for further mining.
The plans, submitted by Energybuild Mining Ltd in September 2020, were approved in January 2022 by the Coal Authority, the UK Government agency responsible for mines. The approval covered a full underground licence, for an area first granted a coal mining licence in 1996.
The Welsh Government said at the time that it did not support the extraction of fossil fuels, and Lee Waters requested the cancellation of the licence, but as the mine's original licence dated to a time before control over coal licences was devolved to the Welsh Government, it was powerless to act.
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Environmental campaign group Coal Action Network challenged two parts of the decision in court - firstly, the decision of Welsh ministers that the matter wasn't devolved and that the Welsh Government couldn't approve or refuse the licence, and secondly, the decision by the Coal Authority to grant the licence.
The claim argued the Welsh Government's ministers wrongly interpreted the Coal Industry Act 1994 by deciding it didn't give them the power to approve or reject new coal-mining operations. On a technicality relating to the meaning of the Act's wording, the court decided the ministers were correct and this part of the claim was dismissed.
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The claim also effectively argued the Coal Authority misinterpreted its powers and wrongly didn't consider the climate change impact of the decision. The court rejected this, saying these considerations weren't relevant to the Coal Authority, which had a "limited task" of considering whether basic statutory conditions were satisfied before granting the extension.
Coal Action Network is considering appealing the decision, saying the judgment "agrees with Coal Action Network's legal team on a number of crucial points."
Daniel Therkelsen of Coal Action Network said: "We’re speaking with our legal team, but we’re and are carefully considering appealing this decision. It’s unconscionable to permit the Aberpergwm coal mine to operate for the next 16 years, pumping out over 100 million tonnes of CO2 and over a million tonnes of methane.
Mr Therkelsen said the Welsh Government "repeatedly fails" to put into action its strong policies against coal, and added he wants to see the Wales Act 2017 to be "used to create a more sustainable Wales.
He added: "We think the Judge got it wrong, but the finding that the Coal Authority cannot consider climate change impacts when it licences new coal mining should bolster support for the House of Lords’ Energy Bill amendment to block new coal licences, and we will work to get that passed."
A spokesperson for Energybuild said the company was "pleased" with the outcome, adding: "It serves to secure the future for 184 current employees of which 20 are apprentices.
"Aberpergwm can now continue its plans going forward to provide valuable products into strategic markets, many of which will be supporting the transition into the green economic revolution. We are fully committed to working with both the local authority and the Senedd to transform our operation to a carbon neutral undertaking."
A Welsh Government spokesperson added: "We will now consider the Court’s ruling in detail to better understand what practical implications it may have for the Aberpergwm colliery, and the licensing role of the Welsh Ministers and the Coal Authority more broadly."
The Welsh Government confirmed it aimed to avoid continued fossil fuel extraction and consumption, including coal, and that any future proposals for mining wouldn't be permitted in areas within devolved responsibilities, except in "wholly exceptional conditions" where they could be demonstrated as "required in the context of decarbonisation."
Seven Extinction Rebellion activists were ordered to pay thousands after causing disruption at the site with a protest in summer 2022. You can read our full report from the sentencing here.
Welsh Liberal Democrat leader Jane Dodds MS has been vocal in opposition to the mine expansion, and said: "This is extremely disappointing news and a blow for the fight against climate change. If we are to tackle the climate emergency coal needs to stay in the ground.
"Just this week the World Meteorological Organisation warned we are now likely to breach a 1.5°C rise by 2027. We cannot afford to extract 40 million more tonnes of coal. The Welsh Liberal Democrats are the only Party who have fought against this expansion and we will continue to do so."
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