For a variety reasons, three Federal Court judges ruled that Sussan Leey, Environment Minister, should not be imposed with a duty to care.
In 2020, eight teenagers from Australia took Ley to Court to stop her approval of the expansion and operation of a coal mine.
Although they lost their fight to stop Vickery’s expansion in New South Wales, their lawyers claimed victory over the judge’s decision last year that Ley had an obligation to prevent climate damage in the future. Justice Mordy Bromberg stated in the ruling that Whitehaven Coal’s expansion would result in an additional 36million tons of coal being mined over 25 years, and 110 million tons carbon dioxide being released into our atmosphere.
Chief Justice James Allsop, Justices Jonathan Beach, and Michael Wheelahan sided with Ley’s appeal and ruled that Ley should not be imposed a duty to care when considering the mine’s expansion.
Ley claimed that Bromberg’s findings are incorrect and “reaching beyond the evidence”, the appeals judges wrote. “The Court unanimously agrees that these complaints are not substantiated.”
Allsop stated that Ley did not challenge the evidence of plaintiffs. In the first line of his judgement, Allsop stated that “the threat of climate change or global warming was and remains not in dispute between these parties in this litigation.”
Anjali Sharma, one of the activists, stated that floods that were described as a 1-in-500 year event and that have decimated northern New South Wales communities in the past weeks are proof that climate change must be addressed by the government.
Sharma spoke outside the Sydney court, saying that while the Federal Court may have accepted the legal arguments of the minister over ours, that does not alter the minister’s moral obligation and responsibility to act on climate change and protect young people from any harms it will cause.
Ley claimed that Bromberg’s findings are incorrect and “reaching beyond the evidence”, the appeals judges wrote. “These complaints are unfounded,” the Court unanimously stated.
Allsop stated that Ley did not challenge the evidence of plaintiffs. In the first line of his judgement, Allsop stated that “the threat of climate change or global warming was and remains not in dispute between these parties in this litigation.”
Anjali Sharma, one of the activists, stated that floods that were described as a 1-in-500 year event and that have decimated northern New South Wales communities in the past weeks are proof that climate change must be addressed by the government.
Sharma spoke outside the Sydney court, saying that while the Federal Court may have accepted the legal arguments of the minister over ours, that does not alter the minister’s moral obligation and responsibility to act on climate change and protect young people from any harms it will cause.
The High Court could hear an appeal by the lawyers representing the plaintiffs.
Ley praised Tuesday’s decision and stated that her government “remains dedicated to protecting the environment for future generations”
Australia is one of the largest exporters of liquid natural gas and coal in the world. There is increasing international pressure for Australia to act on climate change.
Australia received enough international support last year to delay an attempt by UNESCO to lower the Great Barrier Reef’s World Heritage Status to “in danger” due to climate change-related damage.
Coral bleaching has caused significant damage to the reef off Australia’s northeast coastline. This was due to unusually warm ocean temperatures in 2016/2017 and 2020. Two-thirds were destroyed by the bleaching.
The question will be re-addressed at the World Heritage Committee’s next annual meeting in June.
Labor Party, an opposition center-left party, claims Australia would set a higher target to reduce its greenhouse gas emissions by 43% by 2010, if the government is reelected in May.
Ley’s conservative government was heavily criticized by the U.N. Climate Summit in Scotland in November for her target to reduce Australia’s emissions by 26% to 28% below 2005 levels by 2030.
