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Coal mine challenge reaches Australia's highest court

MACH Energy Australia seeks to overturn a ruling that found planning authorities must weigh scope three emissions from the mine’s coal exports.

  • On Wednesday, the High Court began hearing a challenge brought by the Denman Aberdeen Muswellbrook Scone Healthy Environment Group against the Mount Pleasant coal mine expansion near Muswellbrook, seeking to overturn a ruling that declared the project's approval unlawful.
  • The NSW Court of Appeal ruled in July 2025 that the mine's approval was unlawful, finding planning authorities must consider climate impacts from Scope 3 emissions, prompting MACH Energy Australia to ask the High Court to overturn that decision.
  • DAMSHEG lawyers argue the mine contributes 0.065 per cent of annual global anthropogenic emissions, with Scope 3 emissions representing 98 per cent of the project's total, citing Intergovernmental Panel on Climate Change findings that "every tonne of CO2 emissions adds to global warming."
  • Mine operators contend the Environmental Planning and Assessment Act does not require a causal enquiry into climate change impacts "in the locality," whereas DAMSHEG argues international courts increasingly accept causal links between specific emission sources and climate impacts.
  • Wendy Wales, head of the Denman Aberdeen Muswellbrook Scone Healthy Environment Group, stated a favorable decision could "turn a super tanker around" by setting precedent as global courts face questions about accountability for fossil fuel project approvals.
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Coal mine challenge reaches Australia's highest court

A High Court case examining the local impacts of a coal mine expansion could exert far-reaching influence on fossil fuel project approvals.

·City of Perth, Australia
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The Canberra Times broke the news in Canberra, Australia on Tuesday, May 12, 2026.
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