A landmark decision in Australia’s first climate change high court case has sent a clear message to governments and fossil fuel companies that exported greenhouse gas emissions "cannot simply be ignored." On Wednesday morning, the nation’s highest court ruled that the approval of MACH Energy’s Mount Pleasant coalmine expansion in NSW’s Hunter Valley was invalid, establishing a precedent for fossil fuel projects in the state.
Background of the Case
The coal company initiated the high court case after a local community group, the Denman Aberdeen Muswellbrook Scone Healthy Environment Group (Dams Heg), halted the coalmine expansion on climate grounds in the NSW Court of Appeal. In a 3-2 split ruling, the high court found that the state’s Independent Planning Commission (IPC) failed to consider imposing conditions to minimize greenhouse gas emissions generated by the mine when the coal is sold and burned overseas. These emissions, known as scope 3 emissions, are not included in Australia’s domestic tally.
Reactions to the Judgment
Commenting on the judgment, Deputy Greens Leader Steph Hodgins-May stated:
“"For too long, big coal and gas companies have tried to pretend that the emissions from their products are someone else’s problem once they leave Australian shores. They’re not. When Australian coal is burned overseas, the climate damage doesn’t magically disappear at the port. It comes back to communities here through worsening heat, drought, bushfires, and floods."
