Australian Conservation Group Challenges EPA's Decision To Renew Coal-Fired Power Stations' Licences

Proceedings filed by public interest group Environment Victoria represent the first climate change litigation in Australia to challenge the licence to operate of coal-fired energy producers.

A public interest group has filed proceedings in the Supreme Court of Victoria seeking judicial review of a decision of the State's Environment Protection Authority ("EPA") to renew the operating licences of Victoria's last three remaining coal-fired power stations (the "Licences"). The action commenced by Environment Victoria also names the three operators of the power stations—EnergyAustralia, AGL Energy and Alinta Energy—as defendants. The case is an example of public interest litigation where the plaintiff, Environment Victoria, is a not-for-profit group, and will need to establish standing on the basis that it has a 'special interest' in the subject of the EPA's decision.