Buller Coal Ltd. and Solid Energy Ltd. both applied to West Coast Regional Council and the Buller District Council for resource consents under the Resource Management Act of 1991 to mine coal for export purposes. At issue was whether the High Court wrongly upheld a declaration that the end use of the coal was irrelevant to the resource consents required under the act. The Supreme Court dismissed the appeal, finding that the purpose of the 2004 Amendment Act precluded consent authorities from taking into account indirect discharges of greenhouse gases in considering applications for resource consents.

Key environmental legal questions:

Appeal declaration finding that indirect greenhouse gas emissions should not be considered in resource consent applications