High Court’s coal emissions ruling defies common sense

On 7 October, the High Court ruled against the already approved expansion of the Mount Pleasant thermal coal mine in NSW. The High Court ruled that the NSW government regulator “was required to consider imposing conditions to minimise to the greatest extent practicable all greenhouse gas emissions, including scope 3 emissions”.

The rule was absurd because it effectively means Australia must count its own carbon emissions, as well as emissions in other countries from burning Australian energy inputs like coal. It effectively double-counts emissions.

Using the High Court’s own logic, shouldn’t emissions in Australia from burning liquid fuels like petrol and diesel be blamed on oil-exporting nations, such as those in the Middle East, since they supplied us with the fuel? Oil accounted for 40% of Australia’s primary energy consumption in 2025.