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Climate change impact won't play into coal, gas approvals after major court blow for environmentalists

Ashleigh Wyles from the Environment Council of Central Queensland with Environmental Justice Australia (EJA) CEO Elizabeth McKinnon (left) and senior lawyer Hannah White, who fought the case and the group's behalf.(ABC News: Patrick Stone)

The Federal Court has ruled that Environment Minister Tanya Plibersek does not have to consider the environmental impacts of emissions when approving coal and gas projects.

The Environmental Council of Central Queensland (ECoCeQ) took the minister to court over two coal mine extensions in New South Wales.

Under the current environmental laws, the minister does not have to directly consider the contributions that emissions from a coal or gas project would have on matters of national environmental significance, such as protected animals, plants, and places.

The case was nicknamed the "living wonders" case by the environmental group.

The appeal directly related to two coal mine extensions — Whitehaven's Narrabri Mine and the Mount Pleasant Mine in Muswellbrook — but would have also affected the approval of other coal and gas projects in the pipeline.

The ruling establishes a precedent that the federal government can ignore the risk such fossil fuel projects pose to protected plants, animals, and places when deciding whether to approve them.

In their decision, the chief judges said the case highlighted the "ill-suitedness" of the current environment laws when it comes to assessing the threat of climate change on the environment.

Ashleigh Wyles from ECoCeQ said the group was "devastated and heartbroken" by the decision.

"We're afraid this decision will open the floodgates for the minister to approve dozens of new coal and gas projects currently on her desk," she said in a statement.

"Instead of standing up to fossil fuel companies, our environment minister is standing with them in court, defending her refusal to act on the climate harm of new coal and gas mines."

Whitehaven Coal welcomed the news and told investors the decision cleared the way for the minister to make a final decision on the extension of their Narrabri mine.

It said the project "is expected to extend the life of the mine from 2031 to 2044, support around 500 continuing jobs in regional NSW, and entail a significant economic benefit to the State".