During the approval process of the tower, protests arose on aesthetic and ecological grounds. Some people felt that the tower would dominate other aesthetic Canberra structures due to its location above Black Mountain and within a nature reserve. There was a brief green ban imposed by the Builders Labourers Federation (under the influence of Jack Mundey) that eventually failed. A case was brought before the High Court of Australia arguing that the Federal Government did not have the constitutional power to construct the tower ("Johnson v Kent" (1975) 132 CLR 164). The decision was made in favour of the government and construction was able to commence.