decision

Macquarie Generation v. Hodgson - decision

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Litigation

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Peter Gray & Naomi Hodgson v. Macquarie Generation [2010] NSWLEC 34: Environmental activists brought suit against a state-owned power company, seeking a declaratory judgment that one of their power stations had been emitting carbon dioxide into the atmosphere in a manner that has harmed or is likely to harm the environment in contravention of § 115(1) of the Protection of the Environment Operations Act 1997. Defendant Macquarie Generation’s motion for summary dismissal was denied on March 22, 2010, although Justice Pain did dismiss the applicant’s case in part. The court found that even if Defendant has an implied authority to emit some amount of carbon dioxide in generating electricity under its license, that authority is limited to an amount which has reasonable regard and care for people and the environment. 

Macquarie appealed the court’s finding that it was subject to implied CO2 emissions limits.  The implicit conditions were based on common law principles that require prevention of emissions in excess of levels that could be achieved by exercising “reasonable regard and care for the interests of others and the environment.” The court of appeals reversed the lower court’s decision, reasoning that these common law principles only protected private rights (such as a nuisance claim) and were not applicable to a permit granted under a statute.

Macquarie Generation v. Hodgson

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An aim to achieve a quantifiable outcome within a given time-frame, set by an institution such as a national government.

Policy instruments are techniques or tools used by governing authorities to promote certain policies in order to achieve predetermined goals. Put simply, instruments are how a government tries to achieve its goals, with this taxonomy being focused on national policy instruments.

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Renewable energy means all forms of energy produced from renewable sources in a sustainable manner.

Fossil fuel is a generic term for non-renewable energy sources such as coal, fossil gas, and oil (including crude oil, and petroleum products), that can be used for electricity and heat generation. Fossil fuels are hydrocarbons formed from pressurised and heated organic material buried over millions of years.

Molecules in the atmosphere that play a key role in the greenhouse effect by trapping heat radiating from Earth’s surface.

Area of the economy in which actors engage in identical or related activities.

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Macquarie Generation v. Hodgson - decision

Risk

Fossil fuel

Greenhouse gas

Economic sector

Finance