Climate Litigation In Nsw Supreme Court 1

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19th March 2010, 01:25pm - Views: 695
Climate Litigation in NSW Supreme Court

The NSW Land and Environment Court will reveal today at 4pm whether or not legal action against Macquarie Generation, owners and operators of Australia's largest coalfired power station at Bayswater in the Hunter Valley, will be allowed to proceed.

The landmark legal challenge commenced in July 2009, brought by climate change activists Peter Gray and Naomi Hodgson from the Newcastle based group Rising Tide. The activists are being represented by the NSW Environmental Defender's Office.

Gray and Hodgson allege that Bayswater power station is unlawfully releasing large amounts of carbon dioxide into the atmosphere and thus causing harm to the environment through its contribution to global warming. Carbon dioxide is the greenhouse gas primarily responsible for humaninduced global warming.

In December last year Macquarie Generation asked the court to throw out the proceedings, claiming they have lawful authority to dispose of any amount of carbon dioxide they wish. Justice Nicola Pain reserved her decision and will hand down her judgement at 4pm today at the Court.

"Bayswater power station is the biggest single point source of CO2 in NSW, emitting 1215 million tonnes of CO2 every year, and those emissions are presently entirely unregulated," said Peter Gray.

"This power station is a major contributor to a global problem, and should be controlled by strict environmental standards. The continued unregulated disposal of carbon dioxide into the atmosphere at Bayswater power station is an affront to any Australian concerned about our nation's contribution to climate change."

The activists have been represented in court by Ian Lloyd QC, Craig Lenahan, and the Environmental Defender's Office.

For further comment:
Peter Gray
0406 716 792

SOURCE: Rising Tide Newcastle

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