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Aerial photograph of extensive open-cut coal mine with multiple extraction zones and overburden piles.
✓ ThenightlyPower & Policy

High Court rules coal projects must count overseas emissions

High Court ruled regulators must consider scope three emissions when approving resource projects.

Australia's High Court ruled on Wednesday that regulators must consider how much carbon dioxide will be released overseas when coal and gas are burned. Three of five judges backed the decision in a case about extending NSW's Mt Pleasant coal mine.

The ruling could force developers to account for climate impacts entirely outside their control. For example, emissions come from coal burned in power stations overseas.

The mining and energy industry fears it will kill approval for new projects. This includes Woodside's $34 billion Browse offshore gas field in Western Australia.

The Chamber of Minerals and Energy warned the ruling gives activists a legal tool to block developments. Climate Change Minister Chris Bowen was speaking at a climate conference in Fiji.

He refused to comment on the judgment.

3 of 5
Judges supporting ruling
Mt Pleasant, NSW Hunter Valley
Coal mine location
$34 billion
Browse gas field value
Scope three
Emission type required

Why it mattersNew resource projects may now face court challenges and rejection if they don't reduce their entire supply chain emissions. This could make Australian mining less competitive and block billions in investment.

AustraliaAustralian coal and gas projects face new legal barriers to approval; Woodside's Browse LNG field and other major developments could be delayed or blocked by courts enforcing scope three emission requirements.

✓ Claims checked against the source and corrected before publish. checked 2 h ago

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