Federal Court dismisses climate case against Environment Minister

The Environment Council of Central Queensland launched the legal challenge in June, seeking a judicial review of the Minister's climate risk assessment for the extension of Narrabri and Mount Pleasant coal mines in NSW.

The group said the Minister "failed to recognise the climate risk associated" the extension of the two coal mines.

Companies MACH Energy and Whitehaven subsidiary Narrabri Coal, which head the projects, have joined the minister in the litigation.

Delivering the ruling on Wednesday, Justice Shaun McElwaine said Ms Plibersek did not dispute that greenhouse gas emissions associated with burning coal have contributed to climate change, which has affected or will affect many matters of national environmental significance.

However, he said Ms Plibersek "was not obliged to reason in the manner contended by the applicant".

"Ultimately, the applicant's arguments anchored by the extensive scientific material relied on, raise matters for parliament to consider whether the minister's powers must be exercised to explicitly consider the anthropogenic effects of climate change in the manner that the applicant submits they must," he said.

This marks the first federal court challenge to a coal or gas decision made by Ms Plibersek as Environment Minister.

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Environment Council of Central Queensland president Christine Carlisle said the group respected the court's decision but was "bitterly disappointed and alarmed" by what it means for matters of national environmental significance.

"I am alarmed that under our law as it currently stands, it is somehow not our Environment Minister's job to protect our environment from the biggest threat - climate change from new gas and coal," she said.

A statement from the group said that unless appealed, "today's judgment effectively clears the way for the Minister to ignore climate change in her risk assessment of all new coal and gas projects on her desk".

The group stated Ms Plibersek had 25 projects on her desk awaiting approval.

Environmental Justice Australia lawyer Elizabeth McKinnon, who represented the environmental group, said it was considering "all legal options, including full Federal Court appeals and injunctions" in response to the ruling.

"Our client is awaiting an assurance from the Minister that she will not rush to approve these and the other pending coal and gas projects on her desk while our client considers its appeal rights," she said.

In a statement, a spokesperson for Ms Plibersek said no decision has been made about the two coal mine projects.

"Our strong new climate safeguard laws, developed with the Greens Party and independents, mean that coal and gas projects must comply with Australia's commitment to net zero," the spokesperson said.

"We are approving more renewable energy than ever before.

"This enormous transformation can't happen overnight. But we're working overtime to get there."

Since becoming Environment Minister, Ms Plibersek has approved or greenlit expansions of four coal mines.

Labor last year vowed to overhaul Australia's environmental laws but has rejected the inclusion of a climate trigger, a mechanism that would force the government to consider in a project's impact on climate change.