This particular court rejected the “market substitution assumption”
From the article:
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From a legal perspective, I believe there are four reasons in particular this case is so significant.
1. Rejecting an entrenched assumption A major barrier to climate change litigation in Queensland has been the “market substitution assumption”, also known as the “perfect substitution argument”. This is the assertion that a particular mine’s contribution to climate change is net zero, because if that mine doesn’t supply coal, then another will.
Kingham rejected this argument. She noted that the economic benefits of the proposed project are uncertain with long-term global demand for thermal coal set to decline. She observed that there’s a real prospect the mine might not be viable for its projected life, rebutting the market substitution assumption.
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