Australia’s High Court requires attention to emissions from coal’s use

The majority held that the consent authority had failed to consider conditions directed at minimising Scope 3 emissions under the applicable New South Wales planning rule. It was a 3–2 decision, rather than a unanimous new national prohibition on coal. [1][3]

The important boundary is where emissions occur. Scope 3 includes the use of the coal after it leaves the mine; the judgment records these emissions as about 98% of the project’s projected total. A review concentrated on the mine site can therefore miss most of the emissions attributed to the project. That percentage is a projection in this case, not a measured universal ratio for every mine. [1]

The ruling is also narrower than a closure order. New South Wales says the existing operation has a separate approval through 2032. The expansion consent returns to the Land and Environment Court, where remedial orders may be considered. This changes what must be examined in the approval process; it does not establish a permanent ban, a shutdown date or a quantity of emissions already avoided. [1][2][3]