Rocky Hill Coal mine proposal - Intention to Appeal has been lodged
8 March 2019

Dear Members and Supporters
We hoped that we could send you this message on Monday telling you it was all over - however, not quite it seems! Put the kettle on, take a deep breath and make sure you have some fun things lined up for the weekend :)
I received a call from the EDO earlier this afternoon that GRL (Rocky Hill) were going to file a Notice of Intention to Appeal. Even though we had been prepared for this it still came as a shock.

To be honest, I fell pretty angry about the relentless arrogance and appalling behaviour of the coal industry at large riding roughshod over so many communities like ours.

However, to be clear, this is an intention to lodge an appeal. This is not an appeal itself and indeed after the two month period from today where GRL are required to file their appeal (May 8th 2019) it could be that they decide not to appeal!

However, we will prevail. For the next two months we get on with our lives as usual and wait to see if the appeal eventuates. If it does, the EDO will be ready yet again to fight on your behalf.

It would be wonderful if people could support those they know of who have been enduring this decade of uncertainty with a phone call or a coffee or maybe something stronger!

Lets support each other as we always do, moving forward and keeping positive.

This is what these companies do everywhere - only this time we have everyone on our side to protect Gloucester. We will keep you updated as to any further developments.

Please give me a call if you need clarification on any of this - and don’t forget to buy your tickets to our Gloucester Sustainable Futures Convention 30-31st March - uplifting, positive and amazing weekend you will not want to miss!! Tickets selling fast!
2019 Sustainable Futures Convention

warm regards
Julie Lyford
Chairperson Groundswell Gloucester team

A Landmark Win for Climate and Community
12 February 2019

Dear Members and Supporters
Please find below excerpt from EDO NSW media
Warm regards
Groundswell Gloucester Team
* * *
Well it's been a huge week for everyone at EDO, and our clients across NSW.
Firstly we had the report from the SA Royal Commission into the Murray-Darling Basin, which validated the legal advice and submissions we've made over the past several years and reinforced the pressing need for the policy changes our expert staff are recommending.

Then we had Friday's fantastic win on our Rocky Hill case in the Land and Environment Court - a wonderful result for the community of Gloucester, a testament to our Barrister, Robert White, expert witnesses Emeritus Professor Dr Will Steffen, energy analyst Tim Buckley, acoustics expert Stephen Gauld and anthropologist Dr Hedda Askland, and a hugely important judgment in Australian climate litigation. THANK YOU to everyone who supported us while we built and argued our case - we could not have done it without you!

Chief Justice Brian Preston SC handed down his judgment in our landmark case, refusing approval of a new coal mine to be built just outside of the small town of Gloucester. This is the first time an Australian court has refused consent for a coal mine on the basis of its climate change impacts. The judgment poses a foundational question for all future fossil fuel projects: “the wrong time” test.

The Court accepted our scientific evidence and the concept of a global carbon budget. In the face of that acceptance, the judgment presents a foundational question for all decision makers on fossil fuel projects: given that, if we are to remain within the global carbon budget, only a finite amount of additional carbon can be burned, and that existing approvals already exhaust that budget, why should this particular project be prioritised over any other, or displace an existing approval? That is ‘the wrong time’ test, and I believe it will prove an insurmountable barrier for many projects going forward.

As you know, we argued on behalf of Groundswell Gloucester that the proposed mine was contrary to the public interest and principles of ecologically sustainable development because of its significant social and climate change impacts. The Court accepted those arguments in deciding to refuse approval for the mine, finding that carbon emissions from the mine will contribute to global warming, and approving it will not assist in achieving the rapid and deep reductions in emissions needed in order to meet Australia’s Paris targets.
Significantly, the Court held that it was not important that emissions from the mine would be a fraction of global total emissions, noting that the global problem of climate change needs to be addressed by multiple local actions to mitigate emissions. The Court also found that the mine’s economic benefits had been substantially overstated.

Importantly, the Court found that the Rocky Hill coal project will cause a variety of serious negative social impacts to the Gloucester community, including visual, noise and dust impacts, and significant impacts to Aboriginal Cultural Heritage, stating that the mine will severely impact on people’s sense of place - especially damaging to local Aboriginal people and their connection to Country.
In summing up his judgment, Chief Justice Preston SC said: “In short, an open cut coal mine in this part of the Gloucester valley would be in the wrong place at the wrong time. Wrong place because an open cut coal mine in this scenic and cultural landscape, proximate to many people’s homes and farms, will cause significant planning, amenity, visual and social impacts. Wrong time because the greenhouse gas emissions (GHGs) of the coal mine and its product will increase global total concentrations of GHGs at a time when what is now urgently needed, in order to meet generally agreed climate targets, is a rapid and deep decrease in GHG emissions. These dire consequences should be avoided. The Project should be refused.”

This landmark case is a seminal moment in the development of climate litigation in Australia and well and truly puts us on the map in terms of international climate change litigation. EDO's public interest environmental lawyers are at the forefront of using the law to protect our climate and nature for current and future generations.

Donate to build the EDO's Environmental Defence Fund
Our argument was based on science, economics and – we argued - the proper application of the law. The climate contention as a ground for refusing this mine was innovative; the first time climate change has been addressed this way in an Australian court using the concept of a carbon budget as its basis.

Like so many great ideas, its strength was its simplicity. While there was lots of necessary evidence and discussion about the carbon budget, geopolitical climate policy and Australia’s legal framework for climate change, ultimately our argument was simple: if you accept the science, then the local legal framework compels you to refuse the mine because it’s clearly not in the public interest to increase emissions.

As Professor Steffen said in Court, “it’s one atmosphere, it’s one climate system, it’s one planet - and so we need to start thinking more carefully about the net effect of wherever coal is burnt, or oil or gas… The project’s contribution to cumulative climate change impacts means that its approval would be inequitable for current and future generations”.

Julie Lyford, Chair, Groundswell Gloucester, “The Gloucester community is deeply grateful to EDO NSW staff and Barrister Robert White for their unstinting support of the Gloucester residents and assisting in the protection of our beautiful valley. We are ecstatic that the court has ruled against the proposal for an open cut mine, 250m deep and less than 1km from family homes. Climate change is the major threat to our regions, water, health and to the planet."

Thanks again for the support you've shown us too - it's heartening to know we have your backing when we're in Court, defending local communities and everybody's right to a safe, healthy environment. If you're able to become a Friend of the EDO and commit to a regular donation, or make a one-off gift today, we would very much appreciate it. We can't do it without you!

David
David Morris, CEO

EDO NSW recognises the traditional owners and custodians of the land, seas and rivers of Australia. We pay our respects to Aboriginal and Torres Strait Islander elders past and present, and aspire to learn from traditional knowledge and customs so that, together, we can protect our environment and cultural heritage through law.

Rocky Hill Court Decision
9 February 2019

Dear Groundswell Gloucester members and supporters
Thank you all so much for what you have done to achieve this result. Our barrister Robert White said that the grounds for refusal that were raised by the residents were a strong part of the decision - all the hard work and your efforts were critical to the final decision and your input was incredibly valuable. Thank you.
It has been a massive day, National news coverage, twitter storm and Facebook frenzy. Let’s keep up the pressure so we can take climate change right up into the hallowed halls of Parliament.
Warm regards
Julie
Chair - Groundswell Gloucester

***

NSW Environmental Defenders Office (EDO NSW)
MEDIA RELEASE 8 February 2019
Landmark legal win for climate and community

Chief Justice of the Land and Environment Court Brian Preston SC handed down his judgment today in a landmark case, refusing approval of a new coal mine to be built just outside of the town of Gloucester in the NSW Upper Hunter Valley. This is the first time an Australian court has refused consent for a coal mine on the basis of its climate change impacts. The Court also poses a foundational question for all future fossil fuel projects: “the wrong time” test.

The Court accepted our scientific evidence and the concept of a global carbon budget. NSW Environmental Defenders Office CEO David Morris stated “In the face of that acceptance, the judgment presents a foundational question for all decision makers. It is this: given that, if we are to remain within the global carbon budget, only a finite amount of additional carbon can be burned, and that existing approvals already exhaust that budget, why should this particular project be prioritised over any other, or displace an existing approval? That is ‘the wrong time’ test and will prove an insurmountable barrier for many projects going forward”.

Representing community group Groundswell Gloucester, EDO NSW argued the mine was contrary to the public interest and principles of ecologically sustainable development because of its significant social and climate change impacts.

The Court accepted those arguments in deciding to refuse approval for the mine, finding that carbon emissions from the mine will contribute to global warming, such that approving it will not assist in achieving the rapid and deep reductions in emissions needed in order to meet Australia’s Paris targets.
Significantly, the Court held that it was not important that emissions from the mine would be a fraction of global total emissions, noting that the global problem of climate change needs to be addressed by multiple local actions to mitigate emissions. The Court also found that the mine’s economic benefits had been substantially overstated.

The Court found that the Rocky Hill coal project will cause a variety of serious negative social impacts to the Gloucester community, including visual, noise and dust impacts, and significant impacts to Aboriginal Cultural Heritage, stating that the mine will severely impact on people’s sense of place.

In summing up his judgment, Chief Justice Preston SC said: “In short, an open cut coal mine in this part of the Gloucester valley would be in the wrong place at the wrong time. Wrong place because an open cut coal mine in this scenic and cultural landscape, proximate to many people’s homes and farms, will cause significant planning, amenity, visual and social impacts. Wrong time because the greenhouse gas emissions (GHG) of the coal mine and its product will increase global total concentrations of GHGs at a time when what is now urgently needed, in order to meet generally agreed climate targets, is a rapid and deep decrease in GHG emissions. These dire consequences should be avoided. The Project should be refused.”

David Morris concluded, “This is a seminal moment in the development of climate litigation in Australia – and will weigh heavily on the minds of decision-makers considering whether to approve new fossil fuels projects.”

This landmark case puts Australia well and truly on the map in terms of international climate change litigation. The NSW Environmental Defenders Office (EDO NSW) is at the forefront of public environmental interest lawyers using the law to protect our climate and environment for current and future generations.

BACKGROUND
This was a once in a generation case: the first hearing of its kind since the historic Paris Agreement, in which a superior jurisdiction Australian court heard expert testimony about climate change, the carbon budget and the impacts of burning fossil fuels.

Acting for local community group, Groundswell Gloucester, the Environmental Defenders Office, with counsel Robert White, heard from expert witnesses on visual and noise impacts, climate science and energy finance, the economics of coal, town planning and the social impacts of a mine on the town’s doorstep.

This included detailed evidence from Emeritus Professor Will Steffen on the global carbon budget, which must not be exceeded if temperature rise is to be kept at less than 2C on preIndustrial levels. Steffen said that in order for Australia to meet its obligations under the Paris Agreement, the coal reserve at Rocky Hill cannot be developed: “Step number 1, if you're really serious about the Paris targets, is no new fossil fuel developments… You cannot reduce emissions by increasing them.”

The court also heard from energy analyst Tim Buckley on the risk that the coal mine would become a stranded asset, given market trends away from coal; acoustics expert Stephen Gauld on the noise nuisance from the mine; and anthropologist and expert on regional communities and displacement Dr Hedda Askland on the social impacts should the mine go ahead.

David Morris, CEO of EDO NSW: Our argument was based on science, economics and – we argued - the proper application of the law. The climate contention as a ground for refusing this mine was innovative; the first time climate change has been addressed this way in an Australian court using the concept of a carbon budget as its basis.

Like so many great ideas – its strength was its simplicity. While there was lots of necessary evidence and discussion about the carbon budget, geopolitical climate policy and Australia’s legal framework for climate change, ultimately our argument was simple: if you accept the science, then the local legal framework compels you to refuse the mine because it’s clearly not in the public interest to increase emissions.

As Professor Steffen said “it’s one atmosphere, it’s one climate system, it’s one planet - and so we need to start thinking more carefully about the net effect of wherever coal is burnt, or oil or gas… The project’s contribution to cumulative climate change impacts means that its approval would be inequitable for current and future generations”.

60 community objectors, including farmers, doctors, Traditional Owners, old people and young people, gave evidence. Some were opposed because of noise impacts, others worried about how the mine might tear at the fabric of their community. Many were very concerned about their children and grandchildren and the kind of world they will live in if projects like this, which contribute to climate change, continue to be approved.
EDO NSW case page: www.edonsw.org.au/groundswell

Contact:
David Morris, CEO-Solicitor EDO NSW | +61 2 9262 6989 | +61 402 778 997 david.morris@edonsw.org.au


STATEMENT FROM GROUNDSWELL GLOUCESTER
Julie Lyford, Chair “The Gloucester community is deeply grateful to EDO NSW staff and Barrister Robert White for their unstinting support of the Gloucester residents and assisting in the protection of our beautiful valley.

We are ecstatic that the court has ruled against the proposal for an open cut mine, 250m deep and less than 1km from family homes.
Climate change is the major threat to our regions, water, health and to the planet.
There should be no new or expanded coal mines and the State and Federal Governments need to transition to renewables as fast as they can.

Finally, Groundswell Gloucester would like to see a Royal Commission into the coal and gas industries in NSW, including the relevant state government departments that many communities see as giving scant if any regard to the massive and detrimental impacts of coal and gas developments on communities and their environments across the state.

The Rocky Hill licenses need to be removed so we can have certainty as a community and rebuild, prioritize a solar farm initiative and continue to grow Gloucester as the beautiful and clean, green region that we all love.“

Contact: Julie Lyford, Groundswell Gloucester | +61 424 269 784