Major coal mining companies are set to support environment minister Tanya Plibersek in court later this year after she refused to stop approval of four coal mines, including one in the Hunter.
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Environment Council of Central Queensland (ECoCeQ) mounted a legal challenge against Ms Plibersek in early June after she denied calls to consider global warming when assessing coal mine applications.
Among the mines assessed is the Mount Pleasant Optimisation Project near Muswellbrook, which gained conditional approval through the NSW Independent Planning Commission last year.
The project is one of 19 coal and gas projects Environment Justice Australia, acting on behalf of ECoCeQ, applied to have scrapped under federal law.
Two cases - one for the Mount Pleasant coal mine and another for the Narrabri underground coalmine project - will face Federal court in a five-day trial from Monday 18 September.
MACH Energy, the company behind the Mount Pleasant project, have been granted permission by the federal court to join the case, effectively backing Ms Plibersek. They will be joined by Whitehaven, the proponent of the Narrabri extension.
The two proceedings are the first court challenges to a coal or gas decision made by Australia's current Environment Minister.
ECoCeQ said they are asking the court to find that Ms Plibersek has been "irrational" and "unlawful" when "refus[ing] to act" on scientific evidence of climate risk presented by the organisation.
"We're a small environment group run by volunteers," ECoCeQ president Christine Carlisle said.
"We don't want to stand up against the minister or mining companies with deep pockets, but we are bringing these cases to the Court for the fate and future of thousands of threatened animals, unique plants and iconic places," she said.
Denman Aberdeen Muswellbrook Scone Healthy Environment Group Inc. (DAMS HEG Inc.) is Hunter-based group launched to oppose the Mount Pleasant project.
President Wendy Wales said the group is in "full support" of the legal challenge mounted.
She said the group's key concerns are a "lack of consideration for climate change", "failure to look after biodiversity" and the impact of air pollution on upper-Hunter residents.
The Newcastle Herald approached MACH Energy for comment on Friday.
Hunter activists mount case
The Federal court case comes as DAMS HEG Inc. launch legal proceedings in the Land and Environment Court of NSW against MACH and the Independent Planning Commission of NSW.
The case will protest the Mount Pleasant project.
Ms Wales said the group is "dismayed" by plans for the Hunter.
"All governments and industries should be leaning into the existential threat of climate change. We must come together and tackle this issue," she said.
A hearing is set for Friday 10 November.
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Lucinda Garbutt-Young
Lucinda Garbutt-Young is a producer at The Canberra Times. She was previously a reporter at the Newcastle Herald, where she covered breaking news, court and other general news. Do you have a story? Email Lucinda at l.garbutt-young@austcommunitymedia.com.au
Lucinda Garbutt-Young is a producer at The Canberra Times. She was previously a reporter at the Newcastle Herald, where she covered breaking news, court and other general news. Do you have a story? Email Lucinda at l.garbutt-young@austcommunitymedia.com.au
