Britain's first coal mine in thirty years is in doubt again after a High Court ruling that planning approval given to the Whitehaven project was illegal because it did not account for potential climate damage by customers.
In his judgement, Mr Justice Holgate stated: "The assumption that the proposed mine would not produce a net increase in greenhouse gas emissions, or would be a net zero mine, is legally flawed."
Angela Rayner, housing, communities and local government secretary, will now have to reconsider the Whitehaven planning application taking into account emissions that will be produced by customers.
The coking coal produced at Whitehaven would have been used to make steel.
West Cumbria Mining, the project’s developer, said it would "consider the implications" of the judgment before deciding on its next steps.
The ruling follows a landmark ruling in June that emissions by users had to be taken into account in the planning decision for an oilfield development in Surrey [Finch v Surry Council].
In that case, the UK Supreme Court said that the environmental damage from burning coal, oil and gas must be taken into account when deciding whether to approve new fossil fuel projects.
Environmental groups welcomed the Whitehaven decision, describing it as "a huge victory for our environment" with potential ramifications both in the UK and internationally.