Climate fights for day in court

Coal mining companies are up against environmental groups in an appeal in
the High Court in Christchurch today, arguing whether climate change can
be considered in coal mining consents.

West Coast Environment Network planned to call evidence in the Environment
Court on the impact of coal mining on climate – including testimony from
NASA scientist Dr James Hansen – at the Environment Court hearing for a
mine proposed on the Denniston Plateau.

However coal companies sought and won a declaration from the Environment
Court earlier this year that an amendment to the Resource Management Act
(RMA) in 2004 excludes climate change considerations from all coal mining
– and by implication all – applications under the RMA.

West Coast Environment Network and the Royal Forest and Bird Protection
Society appealed that decision, which will be heard in the High Court in
Christchurch today.

“Climate change is arguably the biggest issue facing humanity today,” said
West Coast Environment Network spokesperson Lynley Hargreaves. “We believe
that decision makers need to be able to take a project's impact on the
climate into account in cases such as these.”

Although the case has implications for many resource consents, it is
specifically about Australian company Bathurst Resources' proposed
Escarpment Mine on the Denniston Plateau and state-owned coal miner Solid
Energy's planned Mt William mine on nearby Stockton Plateau. Both mines
propose to export coal to countries without Kyoto obligations.

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