Country
Australia
Date of text
Status
Decided
Sources
Sabin Center
Court name
Land and Environment Court
Seat of court
New South Wales
Reference number
[1994] 86 LGERA 143 (Australia
Tagging
Climate Change
Abstract

An Australian state court upheld a state council decision granting development consent for the construction of a power station. Greenpeace asserted that air emissions from the power station would exacerbate the greenhouse effect. Applying the precautionary principle, Greenpeace argued that the court should refuse development consent for the project. The court held that although application of the precautionary principle dictates a cautious approach in determining whether or not development consent should be granted, the principle does not require that the greenhouse gas issue outweigh all other issues.

Key environmental legal questions

Challenge to state council decision granting development consent for a power station