Environment group takes Tanya Plibersek to court over coal mine assessments

By TILEAH DOBSON

Environment Minister and Member for Sydney, Tanya Plibersek is being taken to court by an environmental group that aims to force her to overturn her decision that sees her ruling out global warming as a factor when she looks at applications for coal mine developments.

Under the current national environment laws, Plibersek has the ability to veto over major projects that affect anything to do with the national environment like threatened species or water resources.

The environmental group taking Plibersek to court is the Environmental Council of Central Queensland (ECoCeQ), who are asking the minister “to acknowledge the substantial climate harm that new coal and gas is likely to cause our environment – and act accordingly.”

The group has asked Plibersek to take into account any potential damage from global warming that is a result of the emissions from the 19 gas and coal projects that await federal approval.

It’s been reported that the minister has rejected the council’s request three times: the Ensham coal mine extension in Queensland, Mach Energy’s application to expand its Mount Pleasant open-cut mine, and Whitehaven’s application to expand its Narrabri underground mine which are both in NSW.

The group, which is being represented by Environmental Justice Australia, has filed a request to the Federal Court for a judicial review of Plibersek’s decision that “effectively refusing to accept the climate risk associated with plans to extend the Mount Pleasant and Narrabri coal mines for decades to come.”

In a press release, the ECoCeQ states that “the Minister made key legal errors when she refused to accept the climate harm these projects are likely to cause, as demonstrated in thousands of scientific reports, including from the IPCC and her own department.”

“ECoCeQ is asking the Court to determine that the Environment Minister’s refusal to accept the scientific evidence of climate risk as relevant when assessing two giant coal mines in NSW was illogical, irrational and unlawful,” the statement read.

“We must act now.”

ECoCeQ President Christine Carlisle has said that this move is for all Australians and wants to bring “the fate and future of our Living Wonders before the Court.”

“We believe the Minister’s recent decisions to treat the climate harm from these mega-mines as insignificant was wrong in law and in science,” she said. 

“We must act now to avoid climate catastrophes – from droughts to floods and bushfires, that will harm all of us and our iconic Living Wonders.”  

“We cannot simply wait and hope that governments will listen to the science and do the right thing. If they won’t act, then we must.  The science is clear. Burning coal and gas fuels dangerous climate change.”

City Hub reached out to Plibersek’s office for comment, but was told by a spokesperson for Minister Plibersek that “The Department has only just received documents from Environment Justice Australia.”

 “As this is a legal matter, we are unable to comment further,” they said.