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High Court voids Mount Pleasant coal mine approval over export emissions

Australia's highest court ruled the Mount Pleasant coal mine approval invalid because the regulator ignored overseas emissions.

The High Court ruled NSW's planning commission failed its duty by ignoring scope 3 emissions when approving the mine. Scope 3 means the carbon released when coal is sold and burnt overseas, not counted in Australia's domestic emissions.

The decision backs a Hunter Valley community group that challenged the approval. Greens MP Sue Higginson, formerly an environmental lawyer, said the ruling creates significant legal difficulty for other coal projects.

This includes the much larger Hunter Valley Operations mine approved a week earlier. The opposition warned the government must change NSW law to exclude overseas emissions from approval decisions.

3-2 ruling
Court split
Independent Planning Commission NSW
Regulatory body
one week before
HVO approval timing

Why it mattersSets a legal precedent forcing Australian mining regulators to weigh the climate damage of exported fossil fuels when approving new projects.

AustraliaNSW coal approvals now face legal scrutiny over export emissions, potentially blocking or delaying major projects and signalling a shift in how Australia regulates fossil fuel mining.

✓ Claims checked against the source and corrected before publish. checked 4 h ago

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