Macquarie Generation CO2 Case Thrown Out

Carbon Central reports that NSW Land and Environment Court has thrown out most of Australia’s first climate change case, agreeing with Macquarie Generation its licence allows it to emit CO2.

NSW Environment Defender’s Office (EDO) argued that the Bayswater coal-fired power station breached its operating licence under the NSW Protection of the Environment Operations Act (POEO) by negligently emitting CO2.

Justice Pain ruled the POEO Act gave it “implied authority” to emit CO2. The licence to burn coal to generate electricity “would have no sensible operation if the licence is construed as not allowing the emission of CO2″, Justice Pain said.

Still, Justice Pain agreed the court should hear EDO’s argument, “novel” to the court’s jurisdiction, that Bayswater was not authorised to emit unlimited amounts of CO2 into the atmosphere, based on the common law “principle of limitation of statutory authority”, used in negligence and/or tort actions involving pollution.

So Macquarie are allowed to emit more than zero but less than an unlimited amount — er, no problem there. They would have to be happy with the result of a frivolous litigation, whose admitted purpose was to merely to allow EDO “to ventilate our argument about CO2 by a different means”.

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0 thoughts on “Macquarie Generation CO2 Case Thrown Out

  1. Bayswater Power Station is the poster site for any program wanting to illustrate pollution of the atmosphere. The big evaporative cooling towers with their clouds of steam are just too inviting. Doesn’t matter that there are large billboards on the passing highway saying that it is STEAM!

  2. Bayswater Power Station is the poster site for any program wanting to illustrate pollution of the atmosphere. The big evaporative cooling towers with their clouds of steam are just too inviting. Doesn't matter that there are large billboards on the passing highway saying that it is STEAM!

  3. Bayswater Power Station is the poster site for any program wanting to illustrate pollution of the atmosphere. The big evaporative cooling towers with their clouds of steam are just too inviting. Doesn't matter that there are large billboards on the passing highway saying that it is STEAM!

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