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Wildlife Preservation Society of Queensland Proserpine/Whitsundry Branch Inc. v. Minister for the Environment and Heritage

Reporter Info: [2006] FCA 736
Status: Application dismissed
Case Categories:
  • Suits against governments
    • Environmental assessment and permitting
      • Climate adaptation
Jurisdictions:
  • Australia
    • Federal Court of Australia
Principal Laws:
  • Australia
    • Environment Protection and Biodiversity Conservation Act 1999 (Cth)
Summary:

An Australian federal court upheld a federal agency decision to not require an environmental impact assessment (EIA) for a coal mine proposal under the Environmental Protection and Biodiversity Conservation Act 1999 (EPBC Act). Environmental groups argued that the burning of coal harvested from the mines would contribute to global warming, which could have substantial adverse impacts on the ecosystems of world heritage areas like the Great Barrier Reef, triggering the EIA requirement under the EPBC Act. The Court held that the greenhouse gas emissions from the mining and burning of coal had been considered by the agency in its decision not to require an environmental impact statement. The judge was not persuaded that there is a casual link between coal mining activities and damage to ecosystems.

At Issue: Challenge to federal agency failure to require an environmental impact assessment for a coal mine proposal
Case Documents:
Filing Date Type File Summary
06/16/2006 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

The materials on this website are intended to provide a general summary of the law and do not constitute legal advice. You should consult with counsel to determine applicable legal requirements in a specific fact situation.