Supreme Court declines costs in coal vs climate case
West Coast Environment Network does not have to pay $60,000 in legal costs sought by coal miners Bathurst Resources,
Solid Energy and the West Coast Regional and Buller District Councils in a climate change case that went to the Supreme
Court. But Bathurst Resources is still seeking nearly $300,000 in costs from the group on other cases.
West Coast Environment Network lost an appeal on whether the climate change impacts of mining coal should be taken into
account by the Resource Management Act. Yesterday the Supreme Court declined to award costs against it.
“It was disappointing to lose the case; that this loophole still allows coal companies avoid responsibility for their
climate impacts,” says West Coast Environment Network spokesperson Lynley Hargreaves. “But we're heartened that the
Supreme Court has recognised that it was an important question on an unclear piece of law.” The Supreme Court found that
the underlying issue of law was difficult and its resolution had a significance which went well beyond the present case.
In the interim, however, Bathurst Resources has sought $270,000 costs from the West Coast Environment Network for its
role in the Environment Court Hearing on the Denniston Case and is also seeking almost $30,000 in costs regarding the
High Court appeals including those taken by the Royal Forest and Bird Protection Society. The coal miner is not seeking
costs against the Royal Forest and Bird Protection Society.
ends