Climate change activists have taken court action against the country’s biggest coal fired power station, in the first legal challenge of its kind in Australia.

Peter Gray and Naomi Hodgson from the Newcastle-based group, Rising Tide, lodged the case with the New South Wales Land and Environment court on Monday.

They’re seeking the regulation of carbon dioxide emissions from Bayswater power station in Muswellbrook, by trying to prove that CO2 is a pollutant.

Bayswater is one of the single largest producers of greenhouse gases in the state.

But Macquarie Generation, who owns the power station, appears to be trying to ignore the legal action against them.

Peter Gray said they refused to accept the court summons he served to them on Tuesday.

He spoke with 2SER’s Britta Jorgensen.