The Land and Environment Court of NSW has ruled that GHG emissions have to be taken into account when approvals are given for new coal mines in that State. While the case is particular to its facts and the law in NSW, it nevertheless raises the broad issue of causation. In the future, could non point-source emission activities such as coal mines, airports, even quarries providing materials to cement works be subject to court challenges about GHG emissions?
Could such a case be taken in New Zealand under the RMA?
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