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Gray v. Minister for Planning

Filing Date: 2006
Reporter Info: [2006] 152 LGERA 258 (Australia)
Status: Rejected environmental impact statement
Case Categories:
  • Suits against governments
    • Environmental assessment and permitting
      • Natural resource extraction
Jurisdictions:
  • Australia
    • New South Wales
      • Land and Environment Court
Principal Laws:
  • Australia
    • Environmental Planning and Assessment Act 1979 (NSW)
Summary:

An Australian federal court rejected an environmental impact assessment (EIA) prepared as part of a development approval process for a large open-cut coal mine at Anvil Hill. Coal from the proposed mine is destined for use in coal-fired power stations in Australia and overseas. The proponents of the project failed to consider the potential greenhouse gas (GHG) emissions from the burning of coal by third parties. The court held that for projects with the potential to directly or indirectly contribute to GHG emissions, the climate change impacts of the proposal should be properly considered and assessed under the Environmental Planning and Assessment Act 1979. It is not sufficient to simply raise the climate change issue in the EIA; the proponent of the project must attempt precise quantifications.

At Issue: Challenge to the adequacy of an environmental impact statement prepared for a large coal mine
Case Documents:
Filing Date Type File Summary
11/27/2006 Decision Download No summary available.

© 2023 · Sabin Center for Climate Change Law · U.S. Litigation Chart made in collaboration with Arnold & Porter Kaye Scholer LLP

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