Wendy took on a local mine. Now she's at the High Court - and the world is watching
9NewsWhen Hunter Valley local Wendy Wales got together with a few of her neighbours to oppose a new open-cut mining operation on their doorstep in 2016, she had no idea it would instigate a years-long legal tussle with the potential to become what one litigation expert has described as "a watershed moment in the history of Australian law".
Today, the retired science teacher and her fellow farmers and Muswellbrook locals - now backed by some powerful legal forces including four of the world's leading climate law and science institutions - will put their case before the High Court of Australia.
The case centres around the community group's opposition to the proposed expansion of the Mount Pleasant mine, owned by a subsidary of Indonesian billionaire Anthoni Salim's mining conglomerate, MACH Energy Australia.
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But if the High Court upholds their case, the ramifications will reach far beyond just one mine, setting a nation-wide legal precedent that could throw plans for more than 18 coal proposals in New South Wales alone into doubt.
Professor of Climate Law at Bond University, Professor Nicole Rogers, has lent her voice to the community group's legal case.
"Australia's apex court hearing its first climate change case is a watershed moment in the history of Australian law," she said.
"Courts around the world - from The Hague to London to Canberra - are being asked the same fundamental questions."
Despite the daunting scale of the legal battle, Wales remains optimistic that the High Court will rule in the group's favour.
"The time is five minutes to midnight for Australia... We wish it would have happened 25 years ago," she said.
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At the crux of the DAMSHEG (Denman Aberdeen Muswellbrook Scone Healthy Environment Group) group's argument is whether planning authorities are legally obliged to consider the local climate impacts of the coal that a mine exports overseas when analysing the impacts of a new project.
Over the past 25 years with her partner Tony Lonergan on his family's 600-acre property adjacent to the Mount Pleasant mine, Wales has witnessed Australia's altering climate first-hand, with weather extremes becoming more frequent and more severe.
After living through the Millennium drought, which brought many farmers to the brink, the community was wracked by devastating bushfires and multiple "one-in-100-year" floods in the space of just a few years.
Just last year, the May floods impacted their property and washed away part of their creek.
"It held for all the previous rain events, but this one, we lost probably about six or seven metres of bank," Wales said.
In fact, their property and others like them are now deemed such a natural disaster risk that Wales and Lonergan struggled to obtain home insurance and were forced to switch insurers.
"I personally know half a dozen people who have lost their houses in the last ten years," Wales said.
"I don't know people from the last century who lost their houses like this.
"They had insurance and they can start up again but they have really experienced something that is quite shattering."
Under the proposed expansion of the Mount Pleasant mine, its operating licence would be extended by 22 years - stretching the life of the mine out to 2048 and doubling coal production to 21 million tonnes per year.
The vast majority of that coal will be exported and burnt overseas, sending an additional 870 million tonnes of carbon dioxide into the atmosphere.
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Wales believes that if planning authorities were obliged to take the local climate and economic impacts of these emissions into account, the scales would tip against approving such projects.
Their case was shot down by the NSW Land and Environment Court in 2024 but in July last year, a panel of three judges on the NSW Court of Appeal unanimously overturned that ruling.
The landmark verdict came just hours after the United Nations' top court at The Hague ruled that countries could be in violation of international law if they fail to take measures to protect the planet from climate change.
Now, the Mount Pleasant mine's owners are appealing to the High Court.
Proponents of the mine's expansion have touted the new jobs it will bring to Muswellbrook and surrounding communities.
There are currently around 400 local workers employed at the mine, and the expansion would increase this to an average of 600 over the life of the mine.
A spokesperson from MACH Energy Australia said the company "welcomes" the opportunity to put its case to the High Court.
"(We) will continue to operate in alignment with existing approvals and conditions and seek to provide long-term continuity and certainty for its staff, contractors, customers and the local community," the spokesperson said in a statement.
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