A Korean energy giant's last-ditch bid to build a new coal mine in regional New South Wales has been dismissed by the High Court.
KEPCO's application for an underground and open-cut project with a 25-year life span in the Bylong Valley was refused by the Independent Planning Commission in 2019.
Subsequent appeals in the Land and Environment Court and the Court of Appeal were also dismissed.
The plan was for a 6.5 million tonne per year mine but has been unsuccessful partly because of the climate impacts from mining for the fossil fuel.
The company sought special leave to appeal to the High Court on the basis the New South Wales Court of Appeal made errors in its decision to dismiss the project, but it was rejected with costs by the country's highest legal avenue today.
High Court Justices James Edelman and Michelle Gordan found that "the applicant identifies no question of principle which it would be in the interests of justice for this court to consider".
In a statement, KEPCO said it was "disappointed with the High Court's decision to dismiss the special leave application".
The company will now "take some time to consider its next steps".
In October last year it said one of those options includes exploring a possible hydrogen opportunity at Bylong.
Community fights coal
The Environmental Defenders Office represented the Bylong Valley Protection Alliance.
Managing lawyer Rana Koroglu told the ABC that KEPCO had "no further legal avenues".
It is the fourth time the proposal has been defeated.
She said the only way it could continue to pursue the project was by lodging a brand new development application but believed that avenue would not be taken.
"This company knows that this community will stand up to it any day of the week," she said.
Time to rebuild the valley
Up until 2018, the company spent more than $700 million attempting to secure approval for the project through land acquisitions and licences.
Local farmer and the president of the Bylong Valley Protection Alliance, Phillip Kennedy, said the community once thrived until the battle began about a decade ago.
"It has mouse races, a thriving little shop, and they all gathered down there on a Friday night," Mr Kennedy said.
"A lot of that spirit's lost and it'd be great to see that return."
The answer, he said, would be for KEPCO to put the land back on the market.
Mr Kennedy said a few celebratory drinks will be had tonight.
"We've had a couple of those parties before so just hope this is the last," he said.
