Harj Narulla instructed in historic first climate case to reach Australia’s apex court

Harj Narulla has been instructed by the Centre for Climate Engagement at the University of Cambridge and the Sabin Center for Climate Change Law at Columbia University to act as amicus curiae in the first climate case to be considered by the High Court of Australia. 

Harj’s clients filed their submission in March and were granted permission to intervene by the High Court as amicus curiae on 8 April 2026.

The landmark MACH Energy Australia v Denman Aberdeen Muswellbrook Scone Healthy Environment Group & Anor (“Denman”) case concerns whether environmental impact assessments must account for downstream greenhouse gas emissions from fossil fuel projects. In particular, the Court is focused on whether emissions from the Mount Pleasant coal mine could be understood as causing climate and environmental impacts “in the locality”, within the meaning of s 4.15(1)(b) of the Environmental Planning and Assessment Act 1979 (Cth).

The case therefore takes a step further than the decision in Finch v Surrey County Council [2024] UKSC 20, which established in the UK that emissions resulting from burning oil and gas must be considered in environmental impact assessments. 

The case has particular significance given Australia’s status as one of the largest fossil fuel exporters in the world, and large pipeline of fossil fuel projects. 

Harj was led by Frank Clarke SC, former Chief Justice of Ireland and president of the Supreme Court, and was instructed in Australia by Bleyer Lawyers. 

The Court will hold a hearing on 13 May 2026.