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High Court Blocks Mount Pleasant Coal Expansion

The court found the state planning commission failed to consider conditions to limit downstream emissions, creating a duty for planning decisions to weigh the climate harm of exported coal.

Overview

  • On Wednesday the High Court dismissed MACH Energy’s appeal and upheld the NSW Court of Appeal’s finding that the 2022 approval of the Mount Pleasant expansion was unlawful.
  • The judgment said the planning commission did not consider imposing conditions to minimise Scope 3 emissions, which are greenhouse gases released when exported coal is burned by end users.
  • The case was brought by the Denman Aberdeen Muswellbrook Scone Healthy Environment Group, led by Wendy Wales and represented by Johnson Legal.
  • Legal experts and campaigners say the ruling establishes a binding precedent that will require planning authorities and courts to account for the climate impacts of exported fossil fuels when assessing future mine approvals.
  • Locals said the decision recognises the real harms of climate-driven extreme weather and could force regulators to factor the long-term economic and environmental costs of export coal into approval conditions.