EDO is a forerunner in climate litigation in Australia.
In 1994, EDO NSW acted for Greenpeace in challenging the approval for a power station in the Hunter Valley in the NSW Land and Environment Court.
It was argued that, despite the claims of the company, the power station would result in a net increase of carbon dioxide emissions. The approval was further challenged on the bases that that there was no demand for the new power station and that it contradicted both Australian and international policies to reduce greenhouse gas emissions.
The Court held that at present the law did not restrict the building of new power stations and the appeal was dismissed.