A recent landmark ruling by the NSW Land and Environment
Court in which it refused a proposed coal mine on climate change
(amongst other) grounds will have broad-reaching implications for
future development and major projects across the
country.
The Rocky Hill decision 1 builds upon a
growing international jurisprudence directly linking fossil fuels
and climate change and – independently of the numerous
political machinations around the Paris climate change agreement
– is likely to significantly affect coal and other fossil
fuel-dependent industries in Australia.
In reaching its decision, the NSW Land and Environment Court
drew upon international authority and expert climate change
evidence to place the downstream (or scope 3) greenhouse gas (GHG)
emissions at the feet of the proponent of a NSW coal mine.
