In 2020, private company Energybuild Ltd applied to the UK Coal Authority for a coal mine extension licence in Aberpergwm, Wales. Emissions relating to the extension are estimated to be around 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 response, in 2021 Coal Action Network, a group that aims to end coal use within the UK, started a campaign, calling on Welsh and UK ministers to intervene against the Coal Authority and stop the coal mine expansion. Yet ministers of the Welsh and the UK-wide governments were in disagreement over who had the jurisdiction to make the decision to stop the coal mine extension.
In January 2022 the Coal Authority approved the license, resulting in a public law challenge by Coal Action Network. In July 2022 that challenge was given permission to proceed to a full hearing.
The grounds allege:
1. Welsh ministers had the statutory power to refuse to approve the authorisation.
2. The Coal Authority interpreted its own statutory powers too narrowly. It had broad discretion to consider any relevant matters when making licensing decisions, and it did have discretion to refuse to approve this authorisation.
The hearing took place in March 2023, with judgment reserved.