Victory for Communities as High Court Says Coal and Gas Projects Must Consider Climate Impact
Australia’s High Court has ruled that climate impacts from coal and gas projects must be considered by NSW planning authorities, including emissions generated when exported fossil fuels are burned overseas.
Harry Taruva 
Sydney — The High Court has ruled that the climate impacts of coal and gas projects must be considered by New South Wales (NSW) planning authorities, including emissions produced when exported fossil fuels are ultimately burned overseas.
The landmark decision has been welcomed by Greenpeace Australia Pacific, which said the ruling could have significant implications for communities affected by storms, bushfires and other extreme weather events linked to climate change.
Greenpeace Australia Pacific Head of Climate and Energy, Joe Rafalowicz, said the ruling represented a victory for communities bearing the consequences of climate change.
“The High Court decision today is a victory for communities that bear the brunt of the storms, bushfires and extreme weather fuelled by Australian fossil fuel corporations,” Rafalowicz said.
He said fossil fuel companies had argued that emissions produced overseas should not be attributed to Australian projects, but the court had rejected that position.
“Coal and gas companies have claimed they are not responsible for their pollution because it happens overseas, but today Australia’s highest court sided with common sense and scientific evidence to find that every new coal and gas approval in this country could put us at risk, no matter where it is sold or burnt,” he said.
The ruling comes as leaders gather for Pre-COP talks in Fiji, where Pacific communities are continuing to press for the 1.5-degree Celsius temperature limit to remain a central climate target.
Rafalowicz said the 1.5°C limit had been reinforced by the Pacific-led International Court of Justice advisory opinion, describing it as a scientific, moral and legal obligation.
“The highest court in the world, and now in Australia, have been clear: it is legally imperative that all of the pollution from fossil fuel projects be considered before approving a new project,” he said.
The Greenpeace official also called on the Australian Government to use its role as COP31 President of Negotiations to pursue changes to the country’s fossil fuel approval policies.
“Now is the moment for the Australian Government, as COP31 President of Negotiations, to find the courage, leadership and grit our country is known for to chart a new course away from fossil fuels,” Rafalowicz said.
“This begins with showing leadership at home by ending new coal and gas approvals," he said.
