Landmark legal win for climate and community

Gloucester Resources Limited v Minister for Planning [2019] NSWLEC 7 
The NSW Land and Environment Court has confirmed a decision by the NSW Department of Planning and Environment to refuse an open-cut coal mine near Gloucester in the Hunter Valley. The decision is significant because, among other grounds, the court considered the climate impact of the mine. This included an examination of greenhouse gas emissions, including Scope 3 emissions (emissions that arise from sources not owned or controlled by the proponent). The court examined a range of reports, including by the Intergovernmental Panel on Climate Change, and noted Australia's commitments to international obligations such as the Paris Agreement. The issue of the mine's greenhouse gas emissions was raised by community group Groundswell Gloucester, represented by EDO NSW, who joined the company's appeal against the refusal. You can also read more from EDO NSW here.


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