UK High Court rules mining company’s net zero claim is “legally flawed”

On September 12, 2024, the High Court of England and Wales quashed planning permission for a new coal mine in Cumbria, UK. The court ruled that the government's 2022 approval was "legally flawed" for accepting West Cumbria Mining's (WCM) claims that the mine would be "net zero." Legal experts suggest this decision could have significant consequences for planning in fossil fuel industries and other sectors.

In an article first published by Lexology PRO, Simon Bishop discusses the key aspects of the High Court’s ruling in light of Finch vs Surrey Country Council and how this ruling may lead to increased scrutiny of companies' net zero claims and influence future planning policies and legislative requirements. He agreed that while the court had followed Finch, there were other significant points companies should be aware of when making offsetting and net zero claims.

The court was “unequivocal” on the key point that WCM claimed its coal extraction would not have an impact on global emissions as it would replace coal extracted elsewhere, he said.

The full Lexology PRO article (subscription only).