A High Court judgement has found Forest & Bird will be unable to appeal a decision that cumulative effects from the Sullivan mine site should be taken into consideration when deciding whether to mine on the Denniston Plateau.
Forest & Bird wants existing permissions held by Solid Energy for Sullivan Mine to be taken into account when considering an escarpment planned for the plateau.
The society argued that the 100 hectares that could be cleared from the Escarpment Mine should be considered as cumulative to the 300ha of vegetation to be cleared at the mine, for which permission has already been granted.
However, Justice Fogarty on Friday ruled that Forest & Bird will be unable to appeal a High Court decision last month which did not find in its favour.
The Environment Court is still deliberating over whether to give final approval to the mine, which it tentatively approved in March.