‘Lawyers should be running to courts’ to stop coal approvals after landmark ruling, NSW MP says
Summary
Australia’s highest court ruled that a coal mine expansion in New South Wales was approved without properly considering the climate impact of greenhouse gas emissions from burning the coal overseas. This is the first time the court has set a legal precedent requiring companies and governments to account for these "scope 3" emissions in project approvals.Key Facts
- The High Court invalidated the approval of MACH Energy’s Mount Pleasant coal mine expansion in NSW’s Hunter Valley.
- The court decided the state’s Independent Planning Commission did not adequately consider overseas emissions from the coal.
- These emissions, called scope 3 emissions, happen when the coal is burned abroad and are not counted in Australia’s domestic emissions tally.
- The local group Dams Heg had challenged the mine’s approval in court on climate grounds.
- The ruling was a close 3-2 decision by the High Court.
- The ruling may also affect approval of the Hunter Valley Operations coal mine expansion, which did not properly include scope 3 emissions.
- Some political leaders want to change laws to exclude overseas emissions from approval decisions.
- Federal ministers said they respect the High Court ruling and emphasized following the law during climate negotiations abroad.
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