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Australian community wins landmark court ruling on emissions from exported coal

Australia’s High Court dismissed MACH Energy’s appeal and overturned approval for the Mount Pleasant coal mine expansion, finding that emissions from burning exported coal had not been adequately considered. The ruling sets a legal precedent for scrutiny of emissions throughout New South Wales’s planning system.

Australian community wins landmark court ruling on emissions from exported coal
Photo: goodnewsdigest.app

Key points

  • A 3–2 High Court ruling overturns approval for the Mount Pleasant mine expansion.
  • The expansion would have doubled coal production and extended operations until 2048.
  • The court found that emissions from burning exported coal, which account for about 98% of the total, had not been adequately considered.
  • The first climate case in Australia’s High Court establishes a duty to scrutinize emissions in planning processes.
  • The ruling does not close the existing mine; the company will consider options for continuing operations.

Australia’s High Court dismissed MACH Energy’s appeal by a 3–2 vote, ruling in favor of a local community in the Hunter Valley. The decision overturns approval for the expansion of the Mount Pleasant coal mine near Muswellbrook in New South Wales and strengthens scrutiny of emissions from coal burned overseas. The planned expansion would have roughly doubled annual coal production and extended the mine’s life until 2048.

The majority of judges found that the Independent Planning Commission had not considered conditions to limit the project’s greenhouse gas emissions, including those produced when exported coal is burned. These overseas emissions account for about 98% of the project’s total projected emissions. The court found that the failure to consider ways to reduce them made the approval flawed, marking a significant legal development for climate accountability in the country.

The case was brought by a residents’ group chaired by Wendy Wales, a retired science teacher. The group pursued the legal battle for more than four years: after losing the initial case, it won in the New South Wales Court of Appeal and then defended that ruling in the High Court. It is the first climate change case ever heard by Australia’s highest court.

The group’s lawyers say the ruling creates a duty throughout New South Wales’s planning system to consider ways to reduce emissions generated overseas. The decision overturns approval for the expansion but does not order the existing mine to close.

MACH Energy said it accepts the ruling and will consider its implications while continuing to explore options for operating the facility.

The community’s victory shows how a local citizens’ group can influence the regulatory framework for fossil fuels. It sets a precedent that strengthens transparency and scrutiny of emissions from coal exports, with potential implications beyond this particular mine.

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