Wallarah2 legal challenge unsuccessful
The legal challenge to the approval of the Wallarah2 coal mine on the Central Coast on behalf of Australian Coal Alliance has been dismissed.
25 March 2019: The dismissal in this judicial review underlines the urgent need for law reform and clear need for stronger regulatory guidance regarding assessment of the climate change impacts of new coal mines.
The ruling came a day after we published our report, Climate-ready planning laws for NSW – Rocky Hill and beyond, which argues that combating climate change should be at the heart of NSW planning laws, through setting targets and imposing duties on decision makers to reduce greenhouse gas emissions
This decision does not affect the Rocky Hill ruling in any way. In stark contrast to the Rocky Hill merits appeal, it was arrived at within a framework which did not allow scientific evidence about greenhouse gas emissions and climate change to be tested in court.
EDO NSW is concerned for our client and the local community, who are devastated by the decision and the potential impact of the mine on their lives and livelihoods, especially in relation to flooding and impacts on drinking water.
Together with our client we are considering further options.