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Despite Following the EPS's conditional approval by the EPA, there is considerable uncertainty over whether for the project will proceed. Both both Environment Victoria and HRL have flagged that they were considering possible legal challenges to the EPA decision. Environment Victoria's susbsequent legal challenge would most likely to centre centred on the EPA's decision to assess best practice energy production based on a benchmark of a brown coal-fired power station rather than including alternative energy sources.<ref name="Gearin"/> For its part, HRL appealed against the EPA's decision to approve one 300MW unit and not both. In a statement, reported in the ''Australian Financial Review'' but not available on the company's website, stated that "Dual Gas has some significant concerns with the EPA Victoria-configured 300MW alternative."<ref>Patrick Durkin and Matthew Dunkley, [http://www.afr.com/p/national/vic_clean_coal_plant_left_up_in_0IraR5MSEJe1OyUwMZnbuO "Vic clean coal plant left up in the air"], Australian Financial Review, May 21-22, page 4. (Subscription required).</ref><ref name="No"/> (AAP reported that "HRL management would not speak to the media, but issued a written statement...".<ref>[http://www.theage.com.au/victoria/legal-action-talk-over-power-station-20110520-1ewl9.html "Legal action talk over power station"], ''The Age'', May 21, 2011. (This is an AAP story).</ref>
For its part, HRL has flagged that it may launch a legal challenge over In March 2012 the Victorian Civil and Administrative Tribunal overturned the EPAEnvironment Protection Authority's decision on the project reinstating approval for the project to approve one one 300MW unite proceed as a 600 megawatt plant. "The EPA has misapplied the principles of environmental protection and not both. In a statement, reported best practice … in seeking to halve the ''Australian Financial Review'' but not available on capacity of the company's websiteDual Gas project, stated that "Dual Gas has some significant concerns with the EPA tribunal found. The tribunal also rejected an application by Environment Victoria-configured 300MW alternativeand two other environmental groups that the project should be rejected entirely."<ref>Patrick Durkin and Matthew DunkleyHowever, [http://wwwthe tribunal added two caveats.afr.com/p/national/vic_clean_coal_plant_left_up_in_0IraR5MSEJe1OyUwMZnbuO "Vic clean coal plant left up in The first was that the air"], Australian Financial Review, May 21-22, page 4project emit no more than 0. (Subscription required)8 tonnes of carbon dioxide for every megawatt hour of electricity generated.</ref><ref name="No"/> (AAP reported The second, and more problematic condition for HRL was that that "HRL management would not speak to the media, but issued project couldn't proceed until the federal government concluded a written statement..."deal under its [[Contract for Closure Program]] to shutter an existing coal-fired power station.The tribunal<ref>Tom Arup, [http://www.theage.com.au/victoria/legalpower-actionruling-talksetback-overfor-powerepa-station-2011052020120329-1ewl91w17s.html #ixzz1zJK4wL00 "Legal action talk over power stationPower ruling setback for EPA"], ''The Age'', May 21March 30, 2011. (This is an AAP story)2012.</ref>
Even if The following month HRL announced that it was putting work on the project on hold until the EPA federal government had made a decision survives . The general manager of Dual Gas, [[Paul Welfare]], said the tribunal judgment "effectively put the future of the project in the hands of the Australian government".<ref>Adam Morton, [http://www.theage.com.au/environment/hrl-freezes-latrobe-valley-power-station-plans-after-legal challenges-ruling-20120416-1x3sf.html "HRL freezes Latrobe Valley power station plans after legal ruling"], ''The Age'', April 17, 2012.</ref> In June 2012 the Minister for Resources. [[Martin Ferguson]] announced that the deadline for concluding an agreement under the go-ahead contract for closure program had been deferred. In a media statement Ferguson stated that "there are a number of complex commercial issues yet to be resolved including the need to ensure value for money."<ref>[http://af.reuters.com/article/energyOilNews/idAFL3E8HT2C720120629 "Australia extends talks on coal power plant closures"], ''Reuters'', June 29, 2012.</ref> Ferguson stated that "negotiations are expected to continue and the Government will endeavour to reach an outcome in the coming months."<ref>Martin Ferguson, [http://minister.ret.gov.au/MediaCentre/MediaReleases/Pages/ContractClosureNegotiationsExtended.aspx "Contract for Closure Negotiations Extended"], Media Release, June 29, 2012.</ref> ==Funders decline to fund project == Even though HRL have conditional approval for the project, financing the project is by no means certainremains its Achilles heel. ''The Age'' reported that all four main Australian banks -- ANZ, Westpac, the Commonwealth and National Australia Bank -- have stated that they are not involved in the project. Westpac spokeswoman Jane Counsel stated that "we will continue to consider financing coal projects in the future, but our focus is very much on supporting those projects that use cleaner and more efficient technologies and are making the transition to a carbon-constrained operating environment."<ref name="No"/>
SW: →Despite approval, uncertainty over project remains: merge material
Environmental groups -- including Environment Victoria, Greenpeace and Stop HRL -- organised a protest against the EPA's decision on the steps of State Parliament on May 24.<ref>Environment Victoria, [http://www.environmentvictoria.org.au/content/urgent-snap-rally-no-new-coal-victoria Urgent Snap Rally: No New coal for Victoria"], Environment Victoria website, May 20, 2011.</ref><ref>[http://www.greenpeace.org/australia/news-and-events/news/Climate-change/stop-hrl "Stop HRL: Hundreds to rally against new coal plant"], Media Release, May 24, 2011.</ref> The snap rally attracted 300 people. "We're going to tell investors, super funds, bank, joint venture partners, whoever it may be, that this is a project, that if they get associated with, there's going to be a massive community campaign all over them," Julian Vincent from Greenpeace said. Environment Victoria's Camapaign Manager, Mark Wakeham told the crowd that "we cannot tackle climate change if we are building new coal-fired power stations."<ref>Alison Savage, [http://www.abc.net.au/news/stories/2011/05/24/3225698.htm "Protesters demonstrate against new power plant"], ''ABC News'', May 24, 2011.</ref>
==Despite approval, HRL wins legal challenge ... but uncertainty over project remains==
''The Age'' also reported that federal government correspondence obtained under the Freedom of Information Act revealed that in 2006 government officials believed that a plant smaller than 400MW would not be cost-effective. "HRL does not believe it can reduce the physical size of the plant," the advice says.<ref name="No"/>
