Neighbours of an open-cut mine who fear what superfine coal dust may be doing to their health are hoping for a major win in court.
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The Land and Environment Court is due to decide if NSW's environment watchdog has done enough to protect nature and people from harmful pollutants emitted by Whitehaven Coal's Maules Creek Mine.
The Maules Creek Community Council has argued the Environment Protection Authority failed to consider fine-particle pollution called PM2.5 and methane when it reviewed the mine's environmental protection licence.
The result is a mine that continues to operate with no limits on known hazards, they say.
The particles are so small they can get deep into the lungs and into the bloodstream. Prolonged exposure can cause respiratory and cardiovascular disease and shorten lives.
And methane is a potent greenhouse gas that drives climate change.
The Environmental Defenders Office has represented the group in court, with lawyers arguing the watchdog failed to improve protections in response to evolving evidence about associated harms.
Neighbours of the mine, including Ros Druce, have lived for years with superfine coal dust invading their homes and smothering their gardens and yards.
They are hoping for a legal win that might set a precedent for others who live in the shadow of coal mines.
"That's what we are hoping to do. Hopefully it will improve things for the future for everybody else."
Back in 2016, the Environment Protection Authority tested some of the black residue that had sullied her barbecue area and found it was 15 per cent coal dust, Ms Druce said.
The pollution forced her to abandon her vegetable garden and the inside of her house was filled with dust, bringing constant worry about possible health effects, she said.
The court is due to deliver its findings at 9.30am (AEST) on Thursday.
Australian Associated Press
