The Environment Court’s ruling that climate change could not be taken into account for coal mining resource consents is being appealed by two environmentalist groups opposed to the mining of the Denniston Plateau.
The Forest and Bird Society and the West Coast Environment Network announced today they will lodge the appeal with the High Court.
At a hearing in March, Australian-owned Buller Coal - a subsidiary of Bathurst Resources - and state-owned Solid Energy petitioned the court for a declaration that greenhouse gases from future coal use cannot be used to appeal against resource consents for mining it.
The two environmental groups had lodged a competing application that climate change should be considered in the consents process.
Bathurst plans to develop an open-cast mine on the Denniston Plateau, near Westport, while Solid Energy plans to expand its West Coast operations at Mt William North, part of its larger Stockton mining operation.
Early this month, Environment Court Judge Laurie Newhook ruled in favour of the miners. He found regional government should plan for the effects of climate change, but leave regulatory action on it to central government.
The environmentalists will challenge that decision in the High Court.
West Coast Environment Network spokesperson Lynley Hargreaves said the group and Forest and Bird were appealing the decision as they believed New Zealand’s key environmental legislation - the Resource Management Act - should take climate change into account.
“It’s a big decision for a small group like ours to fight two large coal mining companies. It’s a David and Goliath battle.
“But this coal doesn’t come under any carbon tax, Emissions Trading Scheme or Kyoto target. We are mining it in New Zealand, and we need to take responsibility for what it will do to our planet.”
The new court action will hold up the main Environment Court appeal for the resource consent of Bathurst’s Escarpment Mine on the Denniston Plateau until the High Court makes its decision.
