World first climate ruling in Australia

A world first climate ruling has found Australia’s Environment Minister has a duty of care to protect young people from climate change.

The Federal Court found Susan Ley should protect young people from the future harms caused by a changing climate.

But Justice Mordecai Bromberg did not grant an injunction, as he was satisfied the minister would not break her duty of care.

Eight teenagers and a nun in her eighties brought the case forward to prevent Minister Ley from approving a proposed coalmine in the state of New South Wales.

David Barnden is the lawyer who represented the children. He said the climate ruling was an “amazing decision”, which could create a series of potentially significant consequences.

Proposed coalmine at the centre of court case

But the company in charge of the coalmine, Whitehaven Coal, saw the judgement as a victory. “Our consistent position has been that this legal claim was without merit,” a spokesperson said.

Whitehaven Coal said there is strong demand for the proposed coalmine’s products.

“The company sees a continuing role for high quality coal in contributing to global CO2 emissions reduction efforts while simultaneously supporting economic development in our near region. There is strong market demand for the high quality product of the type Vickery will produce.”

Whitehaven Coal

The coalmine will create around 500 jobs. Additionally, around 450 jobs will be created once it is operational. The mine received approval from the state’s Independent Planning Commission in August last year.

The world first climate ruling was a significant step, according to Mr Barnden. He believes it is especially significant in a common law country like Australia.

Climate change was hot on the agenda at last month’s Federal Budget. Greens Leader Adam Bandt described the Federal Government’s environment policy as only good for “the billionaires and big corporations”.