High Court's coalmine emissions ruling says 'the quiet part out loud'
Activists, politicians and the resources sector are fired up about a High Court ruling over a planning statute.
The High Court has ruled that NSW regulators must consider the impact of carbon emissions from coal projects, including emissions produced when exported coal is burnt overseas. This decision concerns the Mount Pleasant mine in the Hunter Valley and has alarmed mining groups. The case now returns to the NSW Land and Environment Court.
Climate activists have celebrated the ruling, while the federal government downplays its significance and the opposition is critical. MACH Energy, the mining company operating the mine, wants to double coal exports and keep the mine open until 2048. The Independent Planning Commission approved the expansion in 2022, but a residents group challenged it, arguing the planning panel failed to consider the downstream or scope 3 emissions caused by exported coal.
Scope 1 emissions are those generated directly at the source, like methane leaks from a coal mine. Scope 2 emissions are caused by electricity generated using fossil fuels. Scope 3 emissions are indirect, occurring when a product is sold and used, such as when exported coal is burned overseas. These emissions account for the majority of a coal mine's overall impact.
In July 2025, the NSW Court of Appeal agreed with the residents' group, finding that the IPC's conditions did not adequately address scope 3 emissions. The case was sent back to the Land and Environment Court, prompting MACH Energy to appeal to the High Court. The High Court ruled that NSW law requires regulators to consider and minimize all greenhouse gas emissions, including scope 3 emissions, when approving such projects.
Written by urgent.news from ABC News AU's reporting — not their text. Machine-written — may contain errors; check the original before relying on it.
