Country
Australia
Date of text
Status
Decided
Sources
Sabin Center
Court name
Land and Environment Court
Seat of court
New South Wales
Reference number
[2007] 161 LGERA 1
Abstract
An Australian state court upheld a proposal for a wind farm, noting that the overall public benefits outweighed any private burdens. A community organization challenged the proposal, citing negative impacts on their village and the surrounding countryside. The court held that the concept of ecologically sustainable development, specifically intergenerational equity, is central to any decision-making process concerning the development of new energy resources. In this case, it is reasonable to substitute an energy source that results in less greenhouse gas emissions for energy sources that result in more GHG emissions.
Key environmental legal questions
Challenge to wind farm proposal