Gray v. Minister for Planning

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.