High Court Blocks Coalmine Over Export Emissions — SkimNews
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- Wendy Wales and Tony Lonergan led a years-long legal fight against MACH Energy’s Mount Pleasant coalmine expansion, arguing the state must account for scope 3 emissions from exported coal.
- High Court of Australia ruled 3-2 that the NSW Independent Planning Commission failed to consider whether scope 3 emissions could be mitigated, invalidating the mine expansion approval.
- MACH Energy’s project would have doubled coal output to 21 million tonnes annually until 2048, with 98% of emissions classified as scope 3 from burning exported coal.
- Dams Heg, the Denman Aberdeen Muswellbrook Scone Healthy Environment Group, initially lost in lower court but won on appeal before the high court upheld the decision on different grounds.
- Elaine Johnson of Johnson Legal stated the ruling confirms Australian governments must take responsibility for emissions tied to coal exports, a major precedent given Australia’s status as the world’s second-largest coal exporter.
- Amanda McKenzie of the Climate Council compared the outcome to The Castle, highlighting how a small community group beat a corporate giant by reaching the nation’s highest court.
Why it matters: The ruling forces Australian planning authorities to evaluate climate impacts from exported coal combustion, creating legal risk for future approvals like the Hunter Valley Operations extension. With 98% of emissions from such projects occurring overseas, ignoring them is no longer legally defensible.
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