Elaine Johnson Casework
Under Elaine’s direction (as Director or Principal Lawyer)
Denman, Aberdeen, Muswellbrook, Scone Healthy Environment Group v Mach Energy and Independent Planning Commission
(Filed 2024, NSWCA, ongoing)
Appeal against decision by NSW Land and Environment Court to dismiss judicial review proceedings challenging approval by the IPC of Mach Energy’s Mount Pleasant Coal Mine expansion, on grounds including biodiversity and climate impacts. Acting for Hunter Valley community group, Denman Aberdeen Muswellbrook Scone Healthy Environment Group.
Environment Centre Northern Territory (ECNT) v Tamboran B2 Pty Ltd; Minister for Environment, Climate Change and Water Security
(Filed 2024, NTCAT, ongoing)
Merits review of approval by the NT Minister for Environment, Climate Change and Water Security of Tamboran’s Shenandoah fracking appraisal program. These proceedings were the first exercise of third-party merits review rights in the Northern Territory Civil and Administrative Tribunal. Such rights are an important check and balance for communities on the administration of NT fracking laws. Acting for the Environment Centre Northern Territory.
Environment Centre Northern Territory (ECNT) v Tamboran B2 Pty Ltd; Minister for Environment, Climate Change and Water Security
[2024] NTCAT 19
Unsuccessful application for the grant of a stay on works pending final determination of merits review of Tamboran’s Shenandoah fracking appraisal program. These proceedings were the first exercise of third-party merits review rights in the Northern Territory Civil and Administrative Tribunal. Such rights are an important check and balance for communities on the administration of NT fracking laws.
Greenpeace v Woodside Energy
(Filed 2023, FCA, ongoing)
Civil enforcement proceedings alleging misleading and deceptive conduct with respect to Woodside’s net zero and other climate claims.
Cooper v National Offshore Petroleum Safety and Environmental Management Authority (No 2)
[2023] FCA 1158
Successful judicial review of NOPSEMA’s acceptance of Woodside’s offshore Scarborough Marine Seismic Testing Environment Plan, acting for Mardudhunera custodian, Raelene Cooper.
Cooper v National Offshore Petroleum Safety and Environmental Management Authority
[2023] FCA 1112
Successful application for an interlocutory injunction pending hearing of the main judicial review proceedings challenging NOPSEMA’s acceptance of Woodside’s offshore Scarborough Marine Seismic Testing Environment Plan, acting for Mardudhunera custodian, Raelene Cooper.
Oakey Coal Action Alliance v New Hope; Department of Environment and Science
(Filed 2023, QLDLC, ongoing)
Merits review of decision by QLD Government to grant New Hope an associated groundwater licence for the New Acland Stage 3 coal mine development. Representing local residents and landowners.
Maules Creek Community Council v Environment Protection Authority
(Filed 2023, NSWLEC, ongoing)
Judicial review of decision by EPA to renew Whitehaven’s Environment Protection Licence for its Narrabri Underground Coal Mine without having regard to the impact of the mine on human health and the environment, in particular in relation to methane emissions, climate change and air quality. Acting for Maules Creek landowners.
Bushfire Survivors for Climate Action Incorporated v Narrabri Coal Operations Pty Ltd
[2023] NSWLEC 69
Unsuccessful judicial review application challenging the approval by the Independent Planning Commission of Whitehaven’s Narrabri Coal Underground extension project. No order as to costs. Acting for bushfire survivors.
North East Forest Alliance Incorporated v Forestry Corporation of NSW
[2023] NSWLEC 124
Unsuccessful civil enforcement proceedings seeking injunctive relief to stop Forestry Corporation from operating in post-bushfire affected areas. Case dismissed, but positive finding on NEFA’s standing to bring the case under the Forestry Act 2012, which purported to exclude civil enforcement proceedings on forestry matters.
Central Australian Frack Free Alliance v NT Government
(Filed 2023, NTSC, ongoing)
Judicial review challenge to approval by NT Environment Minister of Tamboran’s Environmental Management Plan for fracking and gas exploration in the Beetaloo Basin.
Waratah Coal Pty Ltd v Youth Verdict Ltd & Ors (No 6)
[2022] QLC 21
Successful objector appeal against Waratah Coal’s proposed Galilee Coal Project in QLD. This was the first case in which the Human Rights Act 2020 (QLD) was tested in the context of a coal mine proposal. The Land Court recommended that the mine be refused including on human rights grounds for its climate and biodiversity impacts. The Minister subsequently refused to approve the coal mine.
Arid Lands Environment Centre v NT Government and Fortune Agribusiness
(Filed 2022, NTSC, awaiting judgment)
Judicial review proceedings challenging the November 2021 decision by the Water Minister to re-grant a groundwater licence to Fortune Agribusiness.
Kvelde v State of New South Wales
[2023] NSWSC 1560
Successful constitutional challenge to validity of NSW anti-protest laws amending the Crimes Act 1900, making it a criminal offence to protest near a ‘major facility’ and causing a person or vehicle to be redirected around the action. Acting for Knitting Nannas and NSW north coast flood and fire victims, Helen Kvelde and Dominique Jacobs.
Nature Conservation Council of NSW v Minister for Water
[2022] NSWLEC 69
Successful application for leave to rely on expert evidence concerning climate change related topics in judicial review proceedings challenging making of a water sharing plan for the Border Rivers region, acting for Nature Conservation Council. Main case still being heard.
Tipakalippa v National Offshore Petroleum Safety and Environmental Management Authority; Santos NA Barossa Pty Ltd (No 2)
[2022] FCA 1121
Successful judicial review of the decision by NOPSEMA to accept Santos’ offshore Barossa Drilling Environment Plan in the Northern Territory, including extension of undertaking issued by Santos to halt work, acting for Tiwi Island Senior Lawman Dennis Murphy Tipakalippa. This case included, for the first time, a hearing held on Country.
Tipakalippa v National Offshore Petroleum Safety and Environmental Management Authority; Santos NA Barossa Pty Ltd
[2022] FCA 838
Unsuccessful interlocutory injunction application to halt drilling by Santos while main judicial review proceedings were being heard, acting for Tiwi Island Senior Lawman Dennis Murphy Tipakalippa.
Kepco Bylong Australia Pty Ltd v Bylong Valley Protection Alliance Incorporated & Anor
[2022] HCASL 8 (10 February 2022)
Successful defence of KEPCO’s application for special leave to the High Court of Australia, acting for Bylong Valley Protection Alliance, a group of local landowners and residents.
Australian Conservation Foundation v Woodside Energy
(Filed 2022, FCA, ongoing)
Civil enforcement proceedings seeking injunction against Woodside’s Scarborough project, brought under the Environment Protection and Biodiversity Conservation Act 1999 on the basis that the project in Western Australia is likely to have a significant impact on the Great Barrier Reef in QLD due to its climate contribution. Case has survived attempted strike out by Woodside in 2023 and is ongoing.
North East Forest Alliance v Minister for Environment
[2024] FCA 5
Unsuccessful Federal Court proceedings challenging decision by Minister to renew the North East Regional Forest Agreement for a period of 20 years, based on outdated biodiversity assessments that did not include the latest climate change impact science for NSW forests.
Australian Conservation Foundation Incorporated v Minister for the Environment and Adani Infrastructure
[2021] FCA 550
Successful judicial review of the Minister’s approval of Adani’s application for its North Galilee Water Scheme Water Infrastructure Project.
New Acland Coal Pty Ltd v Oakey Coal Action Alliance Inc. (No 2)
[2021] QLC 44
Successful rehearing of Land Court objector merits appeal against New Hope’s proposed Acland Coal Mine (Stage 3). The expansion was recommended for approval by the Court, with conditions to address noise and dust concerns of local landowners and residents.
South East Forest Rescue Inc v Allied Natural Wood Enterprises Pty Ltd
[2021] NSWLEC 124
Second successful judicial review and injunction challenging second approval by Bega Valley Shire Council of timber mill operations. Court granted injunctive relief.
South East Forest Rescue Inc v Allied Natural Wood Exports Pty Ltd; Bega Valley Shire Council
[2021] NSWLEC 89
Successful judicial review and injunction proceedings challenging the decision of the Bega Valley Shire Council to grant approval to Allied to expand its timber mill using post-bushfire forest products. Court granted injunctive relief. First case examining upstream impacts of wood-chipping operations on forests.
Mullaley Gas and Pipeline Accord Inc v Santos NSW (Eastern) Pty Ltd (No 2)
[2021] NSWLEC 147
Successful application for public interest costs order, following unsuccessful judicial review of decision to approve Santos’ Narrabri Gas Project.
Mullaley Gas and Pipeline Accord Inc v Santos NSW (Eastern) Pty Ltd
[2021] NSWLEC 110
Unsuccessful judicial review proceedings challenging approval by the Independent Planning Commission of Santos’ Narrabri Gas Project, on grounds that included failure to consider the climate impacts of the project. Acting for local residents and landowners.
Oakey Coal Action Alliance Inc v New Acland Coal Pty Ltd
[2021] HCA 2
Successful application to the High Court of Australia overturning QLD Court of Appeal decision on apprehended bias with respect to a successful Land Court objector appeal against New Hope’s Acland Coal Mine (Stage 3), acting for local landowners and residents. The matter returned to the Land Court where it was reheard.
KEPCO Bylong Australia Pty Ltd v Bylong Valley Protection Alliance Inc
[2021] NSWCA 216
Successfully defended KEPCO’s appeal against the Land and Environment Court’s decision to uphold the Independent Planning Commission’s refusal of the Bylong Valley Coal Mine, including on climate grounds. Acting for Bylong Valley Protection Alliance, a group of local landowners and residents.
KEPCO Bylong Australia Pty Ltd v Independent Planning Commission (No 2)
[2020] NSWLEC 179
Successfully defended the Independent Planning Commission’s refusal of KEPCO’s application for the Bylong Valley Coal Mine, after the IPC entered a submitting appearance. Acting for Bylong Valley Protection Alliance.
KEPCO Bylong Australia Pty Ltd v Independent Planning Commission
[2020] NSWLEC 38
Successful joinder application acting for Bylong Valley Protection Alliance after the IPC entered a submitting appearance in response to KEPCO’s application for judicial review of the Independent Planning Commission’s refusal of the Bylong Valley coal mine. Acting for local landowners and residents.
Talbott v Minister for the Environment
[2020] FCA 1042
Unsuccessful judicial review of the Minister’s decision not to grant a declaration for protection under s10 of the Aboriginal and Torres Strait Islander Heritage Protection Act 1984, acting for Gomeroi custodian, Dolly Talbott.
Adnyamathanha Traditional Lands Association v Minister For Energy & Mining (SA) and Leigh Creek Energy
[2018] SASC 142 (21 September 2018)
Unsuccessful application for interlocutory injunction seeking to halt Leigh Creek’s underground coal gasification operations on grounds including failure to comply with the Petroleum and Geothermal Energy Act 2000 (SA)
As Solicitor on Record
Bushfire Survivors for Climate Action Incorporated v Environment Protection Authority
[2021] NSWLEC 92
Successful application for orders by way of mandamus requiring the EPA to develop objectives, guidelines and policies to ensure environmental protection from climate change under the Protection of the Environment Administration Act 1991.
Australasian Centre for Corporate Responsibility v Santos Pty Ltd
(Filed 2021, FCA, ongoing)
Prepared and filed the world’s first greenwashing climate case challenging a company’s net zero claims. The case challenges statements that Santos has a “credible pathway” to net zero by 2040.
The Environment Centre NT v Minister for Resources and Water, the Commonwealth, Imperial Oil & Gas (No 2)
[2021] FCA 1635
Successful judicial review of decision by the Minister to grant Imperial Oil financial assistance for exploration of the Beetaloo Basin, acting for the Environment Centre Northern Territory.
South East Forest Rescue v Maules Creek Coal
(2021, FCA, discontinued by consent)
Civil enforcement proceedings against Whitehaven’s Maules Creek Coal mine for failure to obtain and protect biodiversity offsets in accordance with its federal environment approval. This case was discontinued when the Federal Environment Minister varied Whitehaven’s approval to allow additional time to secure offsets.
Bushfire Survivors for Climate Action Inc v Environment Protection Authority
[2020] NSWLEC 152
Successful application for leave to rely on expert evidence with respect to the impacts of climate change on the environment and people of NSW.
The Wilderness Society v National Offshore Petroleum Safety and Environmental Management Authority
(2020, FCA, settled)
Judicial review of decision by NOPSEMA to approve an Environment Plan for Equinor’s seismic testing plans in the Great Australian Bight. The case was discontinued by consent when Equinor abandoned the project, and NOPSEMA accepted Equinor’s formal notification to end its operations.
Manyana Matters Inc v Ozy Homes Pty Ltd
(2020, FCA, discontinued by consent)
Civil enforcement proceedings seeking injunction under Environment Protection Biodiversity Conservation Act 1999 on the basis that Ozy Homes planned to clear 20ha of some of the last remaining bushland on the South Coast following the 2019/20 Black Summer bushfires without federal approval. Case discontinued, developer referred matter to Federal Minister to be assessed as a controlled action. The community is now seeking to have the area set aside for conservation.
Gloucester Resources Limited v Minister for Planning and Gloucester Groundswell
[2019] NSWLEC 7
Successful defence of the refusal of the Rocky Hill Coal Mine by the Independent Planning Commission. This was the first time globally that a Court has refused a coal mine on climate grounds. The Court found that the mine should not proceed because it was “in the wrong place, at the wrong time” with Chief Justice Preston concluding:
“In short, an open cut coal mine in this part of the Gloucester valley would be in the wrong place at the wrong time. Wrong place because an open cut coal mine in this scenic and cultural landscape, proximate to many people’s homes and farms, will cause significant planning, amenity, visual and social impacts. Wrong time because the GHG emissions of the coal mine and its coal product will increase global total concentrations of GHGs at a time when what is now urgently needed, in order to meet generally agreed climate targets, is a rapid and deep decrease in GHG emissions. These dire consequences should be avoided. The Project should be refused.”
State of Queensland (Department of Agriculture and Fisheries) v Humane Society International (Australia)
[2019] FCAFC 163
Successful defence of appeal by the Department against successful outcome in the Administrative Appeals Tribunal merits review of the decision by the Department to allow lethal forms of shark control in the Great Barrier Reef Marine Park, acting for the Humane Society International.
Humane Society International (Australia) Inc and Great Barrier Reef Marine Park Authority; Department of Agriculture & Fisheries (Qld)
[2019] AATA 617 (2 April 2019)
Successful merits review of decision by the Great Barrier Reef Marine Park Authority and QLD Department to permit lethal forms of shark control in the Great Barrier Reef Marine Park, acting for Humane Society International.
Gloucester Resources Limited v Minister for Planning and Environment (No 2)
[2018] NSWLEC 1200
Successful joinder application acting for Groundswell Gloucester community group (instructed by Julie Lyford OAM and the Gloucester community) to raise climate, social and economic grounds in Gloucester Resources’ Class 1 merits appeal against refusal by the Independent Planning Commission of its Rocky Hill coal mine application.
Residents Against Intermodal Development Moorebank v Minister for Planning
[2018] NSWLEC 1130
Successful Class 1 objector merits appeal against proposed Moorebank Intermodal, acting for local residents. Obtained conditions for protection of the critically endangered hibertia fumana discovered on the site and previously thought to have been extinct, and conditions relating to noise and amenity.
Hunter Environment Lobby v Harris
(2018, NSWLEC, discontinued by consent)
Civil enforcement proceedings against prominent NSW irrigator, Peter Harris, alleging water theft along Murray Darling Basin river system. Case was settled after Harris was prosecuted by the newly formed NSW Resources Access Regulator. This case was the first civil enforcement of water theft, which formed part of a broader legal strategy to prompt action by the NSW Government as exposed by the Four Corners episode, Pumped.
Wollar Progress Association Incorporated v Wilpinjong Coal Pty Ltd
[2018] NSWLEC 92
Unsuccessful judicial review application challenging approval of the Wilpinjong Coal mine expansion, acting for local residents and landowners. NSW Government amended the planning laws prior to judgment, which excluded one of the key grounds of appeal relating to the number of commissioners on the IPC at the time of the decision.
4nature Incorporated v Centennial Springvale Pty Ltd
[2017] NSWCA 191
Successful appeal against decision of the NSW Land and Environment Court in judicial review challenging approval of Centennial Coal’s Springvale mine expansion on the basis of non-compliance with drinking water laws.
International Fund for Animal Welfare and National Offshore Petroleum Safety and Environmental Management Authority
(2016, AAT, consent orders)
Successful review of decision by NOPSEMA to withhold information relating to its approval of Bight Petroleum’s Environment Plan for exploration and seismic testing in the Great Australian Bight. NOPSEMA was ordered to release the information, by way of consent orders.
4nature Incorporated v Centennial Springvale Pty Ltd
[2016] NSWLEC 121
Unsuccessful judicial review proceedings (overturned on appeal) challenging decision of the Planning Assessment Commission to grant approval to Centennial Coal’s Springvale Coal Mine extension on the basis of failure to reach required state of satisfaction as to the neutral or beneficial effect of the mine on Sydney’s drinking water catchment, under the State Environmental Planning Policy (Sydney Drinking Water Catchment) 2011.
Quipolly Water Action Group v NSW Department of Industry
[2016] NSWCATAD 252
Successful review of decision by NSW Department of Industry not to release copies of all information relating to the groundwater impacts and investigation of the operations of Whitehaven’s Werris Creek Coal Mine.
Watts v Department of Planning and Environment
[2016] NSWCATAD 42
Successful review of decision by NSW Department of Planning and Environment not to release information relating to AGL’s coal seam gas proposal and operations in Gloucester.
As Solicitor with Carriage
Millers Point Community Assoc. Incorporated v Property NSW, NSW Land and Housing Corporation, Minster for Heritage
[2017] NSWLEC 92
Successful judicial review of decision by the Minister not to list the iconic Sirius building in The Rocks as a heritage site under the Heritage Act 1977. Acted for Millers Point Community Association and residents of Sirius.
Williams v Graham
[2016] NSWLEC 151
Unsuccessful civil enforcement proceedings alleging apprehended harm to subsurface Aboriginal objects at the site of a proposed quarry, acting for Gidubul (Githabul) man, Robert Williams. No order as to costs on public interest grounds.
Mackay Conservation Group v The Commonwealth; Minister for the Environment; Adani Mining Pty Ltd
(2015, FCA, consent orders)
Successful judicial review (by consent) of the Minister’s decision to approve the Adani Coal Mine without considering Conservation Advice for the Yakka Skink and Ornamental Snake as required under the Environment Protection and Biodiversity Conservation Act 1999.
Ashton Coal Operations Pty Ltd v Hunter Environment Lobby Inc
[2015] NSWCA 358
Successful defence of appeal by Yancoal (Ashton Coal) challenging the conditions of consent imposed by the NSW Land and Environment Court which prevented Yancoal from starting the South East Open Cut project without first acquiring the late Wendy Bowman OAM’s property. As a result, Yancoal was unable to start its mine and the consent lapsed in 2022. Mrs Bowman passed away in 2023, having achieved her goal of stopping the mine.
Hunter Environment Lobby Inc v Minister for Planning and Infrastructure (No 4)
[2014] NSWLEC 200
Successful Class 1 merits appeal of Ashton Coal’s proposed South East Open Cut Coal mine, acting for Hunter Valley residents and landowners. The outcome of the proceedings saw new conditions requiring, for the first time, comprehensive compensation for landholders, in line with the categories provided for under the Land Acquisition (Just Terms Compensation) Act 1991 for voluntary acquisition of properties impacted by noise and dust. Significantly, the conditions also required Yancoal to purchase, lease or licence the property owned by the late Mrs Wendy Bowman OAM which sat in the middle of the proposed mine site. The conditions also included a lapsing provision, which meant that should the mine fail to purchase Mrs Bowman’s property within 7 years, the consent would lapse. The consent did in fact lapse in April 2022, and Yancoal lost its approval. I was responsible for the design of this case, including the design of the relevant conditions which ultimately stopped the mine proceeding.
Friends of Tumblebee Incorporated v ATB Morton Pty Limited (No 4)
[2014] NSWLEC 166
Successful application for leave to rely on expert evidence in judicial review proceedings, acting for Hunter Valley residents and landowners.
Friends of Malua Bay Inc v Eurobodalla Shire Council; Perkins
[2014] NSWLEC 95
Unsuccessful judicial review application challenging decision by Eurobodalla Shire Council to approve residential subdivision without regard to zone objectives or environmental impacts. Acting for residents group.
Macarthur Bushwalkers v BHP Billiton
(2013, NSWLEC, discontinued by consent)
Civil enforcement proceedings against BHP Billiton for ongoing water pollution into the George’s River from its Westcliff Coal Mine, acting for local bushwalkers. The proceedings were discontinued when the EPA varied BHP’s licence to require it to stop polluting and clean up the river.
Fullerton Cove Residents Action Group Incorporated v Dart Energy Ltd (No 2)
[2013] NSWLEC 38
Unsuccessful judicial review of the Review of Environmental Factors conducted by the NSW Department of Trade and Investment, Regional Infrastructure and Services for Dart Energy’s Fullerton Cove coal seam gas pilot project.
Hunter Environment Lobby Inc v Minister for Planning and Infrastructure
[2013] NSWLEC 44
Successful opposition to Ashton Coal’s motion to set aside subpoena issued to NSW Water for information relating to the Ashton South East Open Cut coal mine, acting for Hunter Valley residents and landowners.
Buzzacott v Minister for Sustainability, Environment, Water, Population and Communities, BHP Billiton Olympic Dam Corporation Pty Ltd and State of South Australia
[2013] FCAFC 111
Unsuccessful appeal to the Full Federal Court against initial loss in the Federal Court, acting for Arabunna Elder, the late Uncle Kevin Buzzacott.
Fullerton Cove Residents Action Group Incorporated v Dart Energy Ltd
[2012] NSWLEC 207
Successful application for interlocutory injunction preventing construction of Dart Energy’s Fullerton Cove coal seam gas pilot project, acting for Fullerton Cove residents and landowners. The first CSG injunction in NSW.
Buzzacott v Minister for Sustainability, Environment, Water, Population and Communities, BHP Billiton Olympic Dam Corporation Pty Ltd and State of South Australia (No 3)
[2012] FCA 744
Successful application for public interest costs order, acting for Arabunna Elder, the late Uncle Kevin Buzzacott.
Buzzacott v Minister for Sustainability, Environment, Water, Population and Communities, BHP Billiton Olympic Dam Corporation Pty Ltd and State of South Australia (No 2)
[2012] FCA 403
Unsuccessful judicial review of Ministerial approval of the Olympic Dam uranium mine expansion - grounds included failure to consider groundwater impacts, acting for Arabunna Elder, the late Uncle Kevin Buzzacott.
Olofsson v Minister for Primary Industries (No 2)
[2011] NSWLEC 181
Unsuccessful judicial review of decision by Minister to grant licence to Ashton Coal over the Camberwell Common, acting for Hunter Valley resident, Deidre Olofsson.
Olofsson v Minister for Primary Industries
[2011] NSWLEC 137
Successful application for upfront public interest maximum costs order in judicial review of decision by Minister to grant Ashton Coal a licence for the purpose of carrying out environmental assessment activities over the Camberwell Common, acting for Hunter Valley resident, Deidre Olofsson.
Ironstone Community Action Group v NSW Minister for Planning and Duralie Coal
[2011] NSWLEC 195
Successful Class 1 merits appeal against the Minister’s approval of the Duralie Coal Mine, acting for Hunter Valley residents – obtained conditions mitigating impacts on water resources, biodiversity and for noise and dust.
Huntlee Pty Ltd v Sweetwater Action Group Inc; Minister for Planning and Infrastructure v Sweetwater Action Group Inc
[2011] NSWCA 378
Unsuccessful defense of appeal by the respondents against the win in the NSW Land and Environment Court, representing Hunter Valley residents and the Sweetwater Action Group.
Sweetwater Action Group Inc v Minister for Planning
[2011] NSWLEC 106
Successful judicial review of decision by Minister to approve rezoning of land for large-scale residential development known as Huntlee New Town in the Hunter Valley including for failure to consider remediation of land, and irrelevant consideration by taking into account Planning Agreement, acting for Hunter Valley residents.
Blue Mountains Conservation Society v Delta Electricity
(2011, NSWLEC, settled)
Civil enforcement proceedings alleging unlawful water pollution by state-owned corporation, Delta Electricity. The case was settled during mediation, resulting in a public statement by Delta admitting to the offence of polluting waters in the Coxs River, and agreeing to treat the waste on an ongoing basis before discharge through a reverse osmosis water treatment plant. The case was discontinued by consent on that basis.