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Gloucester coal mine puts climate change on trial

In a landmark hearing in Australian courts which starts next Monday 13 August, expert evidence will be given that the Rocky Hill Coal Project at Gloucester must be rejected to ensure the global Paris climate target to keep temperature rise to less than two degrees Celsius is met.

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Representing Hunter Environment Lobby at Ashton coal mine hearing

EDO NSW Solicitor Emily Long is in the Hunter Valley today presenting legal submissions to the Independent Planning Commission on the proposal by Yancoal to change the terms of its Court-made approval for the South East Open Cut Coal mine.

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Adani water pipeline needs Federal approval

Our Principal Solicitor Elaine Johnson spoke on Tuesday’s AM program on ABC radio, to say Indian mining giant Adani's proposal to pump water from a river to its planned Carmichael Mine must be approved by the Federal Environment Minister before it can go ahead.

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Seven shark species removed as targets after legal action

31 July 2018: The legal challenge by Humane Society International Australia (HSI), represented by EDO NSW, to the Queensland Government’s lethal shark control program in the Great Barrier Reef Marine Park has seen seven shark species removed as targets.

The seven species must now be released if discovered hooked alive on a drumline.

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Less water, less transparency – the latest amendment to the Commonwealth Water Act 2007

Background: On 25 June 2018, the Water Amendment Bill 2018 (Bill) was passed by the Australian Parliament. The primary purpose of this Bill is to allow an amendment to the Murray Darling Basin Plan that had already been disallowed by the Senate, to be re-tabled and voted on again. The motivation for this unusual Bill was the disallowance of the Northern Basin Amendment[1] by the Australian Senate in February 2018.

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EDOA joins Bali case against power plant expansion

The Environmental Defenders Offices of Australia (EDOA) have joined nine international and Indonesian public interest environmental law organisations to file an amici curiae brief (friends of the court) to assist a Denpasar Court as it hears a lawsuit about the proposed expansion of Celukan Bawang coal-fired power plant in Bali.

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Case note: NCC v Minister for Primary Industries & Anor

In November 2017, the Nature Conservation Council of New South Wales (NCC) commenced judicial review proceedings in the Land and Environment Court of New South Wales (LEC) to challenge the decision of the Minister for Primary Industries to make the Land Management (Native Vegetation) Code 2017 (Code) under the provisions of the Local Land Services Act 2013 (LLS Act).

This would have been the first case to test the new provisions of the LLS Act, however the matter resolved before it went to hearing. On 9 March 2018, the LEC made orders, by consent, declaring that on and from 24 August 2017 the Code had been invalid and of no effect, and the decision to make the Code be quashed.

The Code was re-made in an identical form later that day. It came into effect on 10 March 2018.

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FOI documents underpin new legal challenge to land-clearing Code

The Nature Conservation Council of NSW, represented by the Environmental Defenders Office NSW, has again commenced Court proceedings to challenge the validity of the Land Management (Native Vegetation) Code 2018, on the basis of documents received under freedom of information laws.

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Briefing: NSW water Bill

EDO NSW has written a briefing note on key issues in the Water Management Act Amendment Bill 2018 (NSW), which passed this week.

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Forest law frenzy in NSW

After years of internal government wrangling, there has been a recent frenzy of activity in NSW forestry law and policy. Six things are happening at once.

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