Today the High Court of Australia ruled that authorities are legally required to consider the local climate impacts of a coal mine’s downstream pollution before granting approval.
The High Court upheld the unanimous NSW Court of Appeal ruling that the Independent Planning Commission had failed a mandatory legal obligation when it approved the expansion of MACH Energy’s Mount Pleasant coal mine without considering how pollution from coal the mine exports would affect the region through increased bushfire risk, drought, flooding and extreme heat.
This ruling comes one day after Prime Minister Albanese addressed leaders at the Pre-COP31 meetings in Fiji, as countries set priorities ahead of COP31 in Antalya, Turkiye.
Fenton Lutunatabua, 350.org Pacific and Caribbean Program Manager said
“We welcome this ruling and truly hope it signals a cascade of changes in how we evaluate the harm posed by fossil fuels, whether domestic or exported. The climate crisis has never solely been a Pacific issue, it affects everyday Australians just as much. In the Pacific, we have known this for decades and are heartened that both international and domestic legal processes are catching up.
As Australia heads into COP31 as Head of Negotiations, they cannot afford to lose the momentum from this decision in their journey to true climate leadership.”
Jacynta Fa’amau, 350.org Pacific Campaigner said
“Today’s judgement proves something that we have always known – whether Australia burns coal at home or overseas, the climate crisis will still knock at their door.
Prime Minister Albanese addressed leaders here in Fiji and acknowledged that Australia could expect a summer of floods, cyclones and extreme heat because of the lack of action on global emissions. Coal mined in one country and burnt in another is the clearest example of global emissions, and this ruling creates another opportunity for accountability.”
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