The Federal Court will be asked to conduct a judicial review of federal Environment Minister Tanya Plibersek's refusal to accept the climate risk associated with plans to extend two NSW coal mines, including Mount Pleasant near Muswellbrook.
The Environment Council of Central Queensland wants Ms Plibersek to acknowledge the "substantial climate harm" that new coal and gas projects are likely to cause.
The approval will extend the mine's life by 22 years to the end of 2048, a result that opponents argue would result in more than 800 million tonnes of carbon emissions.
The Narrabri Underground Mine Stage 3 extension project is the other mine subject to the latest legal proceedings.
The Environment Council of Central Queensland legal representative, Environmental Justice Australia, filed a review application for the projects in the Federal Court on Tuesday.
The council is asking the court to determine that Ms Plibersek's refusal to accept the scientific evidence of climate risk as relevant when assessing two giant coal mines in NSW was illogical, irrational and unlawful.
"Our client argues the science is clear: coal mine proposals like Narrabri and Mount Pleasant pose serious and irreversible threats to our climate and to thousands of threatened animals, plants and places across Australia," Environmental Justice Australia Senior Lawyer Retta Berryman said.
"If successful, this case could mean all new coal and gas plans must be properly assessed for their climate risk to our environment. Until now, this hasn't been the case, despite the legal requirements."
The Environment Council launched the landmark Living Wonders legal intervention last year, requesting MS Plibersek reconsider the climate impacts from 19 coal and gas proposals on thousands of Matters of National Environmental Significance.
The new court challenges focus on the question of whether the minister is required to accept the climate impacts of new coal and gas on 2121 nationally significant species, places and ecological communities that are found across Australia.
"We believe the Minister's recent decisions to treat the climate harm from these mega-mines as insignificant was wrong in law and in science," Environment Council of Central Queensland president Christine Carlisle said.
We must act now to avoid climate catastrophes - from droughts to floods and bushfires, that will harm all of us and our iconic Living Wonders.
We cannot simply wait and hope that governments will listen to the science and do the right thing. If they won't act, then we must. The science is clear. Burning coal and gas fuels dangerous climate change."
To see more stories and read today's paper download the Newcastle Herald news app here.
