TODAY, 7 October 2026, the High Court of Australia hands down its ruling in the nation's first ever climate change case to reach our highest court. The judgment will decide whether planning authorities are legally required to consider the local climate impacts of a coal mine's downstream pollution (Scope 3 emissions) before granting approval.
PRESS CONFERENCE
WHERE: NSW Court of Appeal, Law Courts Building, Queen's Square, 184 Phillip Street, Sydney
WHEN: 11am TODAY, 7 October 2026. (Note: The ruling is handed down at 10am. The press conference starts at 11am.)
SPEAKERS:
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Plaintiffs: DAMS HEG President Wendy Wales and Treasurer Tony Lonergan
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Lawyers: Johnson Legal Director Elaine Johnson and Johnson Legal Principal Lawyer Anita O'Hart
MEDIA CONTACT: Sean Kennedy, 0447 121 378, [email protected]
Aside from the legal team and plaintiffs, Climate Media Centre has independent scientific and legal experts who can comment on the significance of this case.
AUDIO GRABS for radio news bulletin:
-For Johnson Legal Principal Lawyer Anita O'Hart click here
-For DAMS HEG plaintiff Wendy Wales click here
The case, MACH Energy Australia Pty Ltd v Denman Aberdeen Muswellbrook Scone Healthy Environment Group Inc (DAMS HEG), was originally brought by a grassroots Hunter Valley community group challenging the approval of a major expansion of the Mount Pleasant open-cut coal mine near Muswellbrook. The NSW Court of Appeal ruled unanimously in July 2025 that the mine's approval was unlawful, finding that planning authorities are legally required to consider the specific local climate impacts of a project's downstream emissions. MACH Energy asked the High Court to overturn that ruling at a hearing on 13 May 2026.
Judgment has been reserved since the hearing. Today's ruling will be the first from Australia's highest court on the issue of climate change. It will consider whether local climate impacts of fossil fuel exports must be considered in planning decisions, with direct implications for more than 17 coal proposals in the NSW planning pipeline and for climate litigation nationally and internationally.
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BACKGROUND
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The Mount Pleasant open-cut coal mine sits 3km upwind and northwest of Muswellbrook in the Upper Hunter Valley, NSW. It is owned by MACH Energy Australia Pty Ltd, a subsidiary of Indonesia's Salim Group. MACH Energy sought to double the mine's output to 21 million tonnes per year and extend its life to 2048, generating an additional 870 million tonnes of CO₂, 98% of it as Scope 3 emissions from coal burned overseas.
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The NSW Court of Appeal ruled unanimously on 24 July 2025 that the Independent Planning Commission had failed a mandatory obligation under s.4.15(1)(b) of the Environmental Planning and Assessment Act 1979 to consider the specific local climate impacts of the mine's emissions. MACH Energy was granted special leave to appeal before the Australian High Court on 4 December 2025.
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The ICJ Advisory Opinion on climate change obligations of states was handed down on 23 July 2025, on the eve of the NSW Court of Appeal ruling, finding that fossil fuel production, export licensing and subsidies can constitute internationally wrongful acts.
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Four institutions were granted leave to intervene in the High Court with evidence which supported DAMS HEG: Melbourne Law School Climate Futures (Prof. Jacquie Peel), Cambridge Centre for Climate Engagement, Sabin Centre for Climate Change Law (Columbia University), and the Union of Concerned Scientists (Dr Christopher Callahan). Melbourne Climate Futures and the Union of Concerned Scientists made oral submissions at the hearing on 13 May 2026.
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DAMS HEG is represented by Johnson Legal. Lead barrister at the High Court hearing was Naomi Sharp SC, with Matthias Thompson and Stephanie Patterson of counsel.
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Johnson Legal case page: www.johnsonlegal.au/newsfeed/mach-energy-v-denman-high-court-of-australia
Contact details:
Sean Kennedy, Senior Media Advisor, Climate Media Centre — 0447 121 378 — [email protected]
