Probably the most controversial and much discussed aspect of the recent court refusal of planning approval for the Rocky Hill coal mine is how the court supported its decision by drawing on international jurisprudence linking fossil fuels and climate change.
But, by refusing development consent on the basis of the mine’s likely contribution to climate change and adverse social impacts, the court also draws our attention to the increasing importance of human rights considerations in assessing the impact of major projects.
Proponents need to be cognisant of the link between climate change and human rights, particularly, when assessing the public interest criterion of project impacts.