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Australia's High Court rejects coal mine expansion appeal, rules approvals must weigh export-coal emissions
Australia's High Court ruled 3-2 that planning authorities must consider Scope 3 downstream emissions of coal projects — a landmark for global climate litigation, sending the Mount Pleasant mine expansion back for review.
Why it matters
For the first time, Australia's highest court has confirmed that planning authorities must weigh the climate damage caused when exported coal is burned overseas. Lawyers say the ruling will be studied worldwide and could reshape how fossil-fuel projects are approved across the country.
Full report
The High Court of Australia on Wednesday delivered a 3-2 split ruling in favour of community environmentalists who challenged a major open-cut mine expansion in New South Wales' Hunter region, upholding a state appeals court finding that planning authorities must consider the climate impact of downstream emissions when reviewing projects.
The case concerned MACH Energy's bid to extend the life of the Mount Pleasant open-cut coal mine by 22 years and nearly double its annual output. The state planning commission approved the plan in 2022, before local Hunter Valley residents — led by Muswellbrook landowner Wendy Wales, a retired science teacher — launched a legal challenge that lasted four years.
By majority, the court held that the commission had failed to consider imposing conditions to minimise, to the greatest extent practicable, all greenhouse gas emissions — specifically "Scope 3" emissions produced when coal is burned after export. The appeal court had suggested options such as refining coal before export, limiting exports to Paris Agreement signatories, or requiring expected Scope 3 emissions to be offset.
Justice James Edelman cited expert Professor Penny Sackett's estimate that the expanded project would rank among the world's 650 largest greenhouse gas-emitting projects. Minerals Council chief executive Tania Constable said investors in Australia's resource sector would "carefully review" the judgment, and the mining body called on the NSW government to further protect planning approvals.
A MACH Energy spokesman said the mine's workers — about 500 full-time equivalent jobs — had "lived with fear and uncertainty for too long" and that the company would carefully review the judgment. The 22-year expansion proposal now returns to the NSW Land and Environment Court. Lawyers involved called the decision groundbreaking for climate litigation: "This decision is one that will be studied around the world," said Elaine Johnson.
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