Log in or register
Share on LinkedInShare on LinkedIn

ARTICLE · 11 NOVEMBER 2024

Following Finch: Planning Permission For Coal Mine Quashed

King & Spalding
King & Spalding
Contributor
King & Spalding

King & Spalding

Celebrating more than 130 years of service, King & Spalding is a global law firm that represents a...

View firm profile
Explore more from King & Spalding

The UK High Court quashed planning for a new deep coal mine, citing inadequate consideration of downstream emissions and carbon offsetting deliverability, following the Supreme Court's landmark Finch decision. This ruling sets a stringent precedent for future fossil-fuel projects' environmental impact assessments.

United KingdomEnvironment
Ruth Byrne
Ruth Byrne
Peter Hood
Peter Hood
Catherine Munro
Catherine Munro

EXECUTIVE SUMMARY

In the recent case of Friends of the Earth v Secretary of State for Levelling Up, Housing & Communities & others; South Lakeland Action on Climate Change v Secretary of State for Levelling Up, Housing & Communities & others [2024] EWHC 2349 (Admin), the High Court quashed planning permission for what would have been the UK's first new deep coal mine for over thirty years.

This ruling follows the decision of the Supreme Court in R (Finch) v Surrey County Council and others [2024] UKSC 20 earlier this year (K&S Alert) and is the first judgment applying the landmark finding that environmental impact assessments (EIAs) for fossil-fuel projects must include an assessment of the "downstream" or "scope 3" emissions produced by burning the extracted fossil fuels. This does not mean that planning for new fossil fuel projects in the UK will necessarily be rejected. However, it does mean that failure to account for scope 3 emissions in an EIA or failure

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

View source

Related Articles

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

Related Comparative Guides

See more popular content from

Article

EU Sustainability Omnibus Package: Key Changes And Implications For Businesses

The European Union has introduced a comprehensive Sustainability Omnibus Package that will significantly impact how businesses across member states approach environmental, social, and governance reporting. Understanding these regulatory changes is crucial for companies operating in or with the EU to ensure compliance and adapt their sustainability strategies accordingly.
European UnionEnvironment
Eversheds Sutherland
Eversheds Sutherland
Article

ESOS Phase 4 Guidance Published: What Businesses Need To Know

The Environment Agency has released updated guidance for Phase 4 of the Energy Savings Opportunity Scheme (ESOS), introducing new reporting requirements and compliance changes. Organizations must now provide detailed information about implemented energy efficiency measures, including energy savings achieved and relevant categories, while Display Energy Certificates and Green Deal Assessments are no longer accepted as alternative compliance routes.
United KingdomEnvironment
Burges Salmon LLP
Burges Salmon LLP
Article

Rewilding And Carbon Credits: A New Income Stream For Landowners

As sustainability pressures mount and net-zero targets drive demand for carbon offsetting, UK landowners face a significant opportunity to generate income through carbon credit schemes. With the market contributing £1.2 billion to the UK economy in 2025 and carbon credits trading at £25-£35 per tonne, peatland restoration and woodland creation projects offer substantial returns while enhancing biodiversity and environmental protection.
United KingdomEnvironment
Withers LLP
Withers LLP
Article

Environment Agency Consults On Updates To Its Enforcement And Sanctions Policy

The Environment Agency has launched a consultation on significant reforms to its Enforcement and Sanctions Policy, introducing new civil penalty frameworks and automatic financial penalties for water companies under the Water (Special Measures) Act 2025. The proposed changes expand enforcement mechanisms across multiple sectors including waste management, packaging regimes, and mercury controls, while establishing a fundamentally different regulatory approach for water sector operators that allows penalties
United KingdomEnvironment
Burges Salmon LLP
Burges Salmon LLP
Article

Timeline Of ESG Developments In 2026

The ESG regulatory landscape continues to evolve rapidly in 2026, with significant developments including the EU Omnibus simplification amendments and ongoing UK Sustainability Reporting Standards efforts. This comprehensive timeline tracks key ESG developments across the UK and EU throughout 2026, providing essential horizon scanning support for sustainability practitioners navigating the complex regulatory environment.
United KingdomEnvironment
Slaughter and May
Slaughter and May
Article

Defra Launches Technical Consultation On ATRm

The UK government has proposed significant changes to its post-Brexit chemical regulation system through an Alternative Transitional Registration Model (ATRm) for UK REACH. Following industry concerns about the substantial costs of re-registering approximately 20,000 substances already registered under EU REACH, the Department for Environment, Food and Rural Affairs has launched a technical consultation on amendments that would reduce hazard information requirements while maintaining use and exposure standa
United KingdomEnvironment
Bergeson & Campbell
Bergeson & Campbell