Hunter Valley community group wins landmark high court climate change case over coalmine
"A Hunter Valley community group has won Australia’s first high court case to consider climate change, in a ruling advocates say sets a binding national precedent for fossil fuel projects in New South Wales.
In a landmark judgment, the nation’s highest court ruled that the approval of MACH Energy’s Mount Pleasant coalmine expansion in Musswellbrook was invalid.
In a 3-2 split ruling, the high court dismissed the coal company’s appeal, with a majority of judges finding the state’s planning commission was required to consider how to mitigate the greenhouse gas emissions that would be generated by the mine when the coal is sold and burnt overseas, and failed to do so.
A majority of the court found the Independent Planning Commission failed to consider imposing conditions aimed at minimising these emissions – known as scope 3 emissions – to the greatest extent possible."
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