The Hunter Environmental Lobby brought an appeal against the $1.2 Billion Ulan West project based upon it's long term impact of exacerbating global anthropogenic climate change, as well as damage to groundwater systems and clearing of critically endangered vegetation communities. The mine expansion proposal includes a 239 hectare open cut mine and approximately 25 square kilometres of additional longwall mining. The environment group were represented by The Environment Defenders Office. (See June 2011 article - Legal Challenge to Xstrata Ulan Coal mine expansion)
In delivering her judgement on the landmark case on Thursday 24 November, Justice Nicola Pain invited the NSW Minister for Planning, Ulan Coal and Hunter Environment Lobby to come to agreement on several environment conditions in the Ulan West project. The Nature Conservation Council of NSW has welcomed the decision saying that this is a landmark legal precedent for coal mines required to offset greenhouse pollution.