OnSeptember 8, 2020, eight young people filed a putative class action in Australia's Federal Court to block a coal project. The lawsuit sought an injunction to stop the Australian Government from approving an extension of the Whitehaven Vickery coal mine. The plaintiffs claimed to represent all people under 18, and argued that Federal Minister Sussan Ley has a common law duty of care for young people. They further asserted that digging up and burning coal will exacerbate climate change and harm young people in the future. Plaintiffs sought an injunction to prevent the Minister from approving the project under the Environment Protection and Biodiversity Conservation Act (EPBC).
On May 27, 2021, the Federal Court of Australia established a new duty of care to avoid causing personal harm to children but declined to issue an injunction to force the Minister to block the coal mine extension. The Court concluded that "the applicants have established that the Minister has a duty to take reasonable care to avoid causing personal injury to the Children when deciding, under s 130 and s 133 of the EPBC Act, to approve or not approve the Extension Project." In establishing the duty of care, the Court found that the foreseeable harm from the project, if the risks were to come true, would be "catastrophic", and therefore children should be considered persons who would be so directly affected that the Minister ought to consider their interests when making the approval decision. In declining to issue an injunction, the Court found that the plaintiffs had not established that it is probable that the Minister would breach the duty of care in making the approval decision, and had not established that they will have no further opportunity to apply for an injunction. In its May 27, 2021 judgment, the Court delayed issuing a declaration about the duty of care owed by the minister, and raised a number of questions to the parties about the scope of the duty.
Accordingly, the parties asked the court to make orders that the proceeding not continue as a representative proceeding. The relevant orders were made by the court on 14 April 2022 and reasons published on 22 April 2022.
2024 Sabin Center for Climate Change LawThe materials on this website are intended to provide a general summary of the law and do not constitute legal advice. You should consult with counsel to determine applicable legal requirements in a specific fact situation.
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Mrs. Sharama began her teaching career in 1982 at C.K.C., Jhansi, India. In 1993, she joined Carden Conejo and has been working at the school ever since. A dedicated teacher, she draws great satisfaction in helping her students learn effective study skills. She empowers them to develop a strong moral core by creating an environment where children can discuss, debate and express themselves without inhibition. She thoroughly enjoys the energy the fifth graders bring to her class which helps her connect with them at a very meaningful level, making them confident contributing members of the society of the future. Her students have gone on to prestigious universities, and many of them continue to be in touch with her.
Mrs. Sharma holds great interest in all forms of creative expression and is an avid photographer and an art enthusiast. With a penchant for new experiences she incorporates and experiments with all art mediums in her reflective and illustrative paintings. Besides painting, Mrs. Sharma custom designs cards and conducts childrens art classes. Peace and Passion, her art class, helps children unlock their unique creativity. The students enjoy their own artistic compositions, experimenting through all different processes and mediums.
Dr. Vinita Sharma is a through and through public health professional. Her academic training, work experience and service have all revolved around public health issues. She completed her Bachelors in Public Health from Nobel College in Nepal, Masters of Public Health from the Hebrew University of Jerusalem in Israel and PhD in Public Health from University of South Florida. She then completed a two-year NIDA Ruth L. Kirschstein National Research Service T32 Postdoctoral Fellowship at the Department of Epidemiology, University of Florida. She is also a Certified Health Education Specialist (CHES) and is Certified in Public Health (CPH).
Vinita teaches health education and promotion classes, along with prevention and intervention designs. Her research focuses on the intersections of substance use, HIV and mental health. This is informed by her prior research and work experiences. For example, she worked as a Program Officer, supporting national response to HIV/AIDS and improving reproductive health through USAID-funded Saath-Saath Project in Nepal. Prior to that, she worked as a national consultant with UNAIDS-Nepal and the national focal point for Global Youth Coalition on HIV/AIDS. She also completed an internship at the only Methadone Maintenance Treatment (MMT) program in the country at that time, during which, she assessed the quality of life and coping strategies used by the clients of the clinic. She has also worked as principal investigator and co-investigator in other public health projects (for example- post-disaster health outcomes, nutrition, communicable diseases, including COVID-19) in countries such as Israel, Ecuador and Costa-Rica.
Vinita has previously taught and mentored undergraduate, graduate and pre-doctoral public health students in Nepal and the U.S. She is passionate about training the next generation of public health students who will become public health leaders at the local, national and global settings.
An avid reader and nature lover, Sharma grew up in the East Bay city of Fremont and went to college at UC Berkeley, where he majored in molecular and cell biology. He took a political economy class in college and found himself fascinated by theories behind lawmaking, politics, and governance. It was then that he decided to trade his plans for medical school with a new goal: to attend law school. He started his first year at UC Law SF this fall.
Sharma, 23, said he chose UC Law SF for its reputation as a nationally esteemed law school, its renowned health policy and law program, and its location in the heart of San Francisco close to major law firms, businesses, nonprofits, and government institutions.
At UC Berkeley, Sharma minored in political economy and pursued opportunities to prepare himself for law school. He interned as a legal fellow at the Hindu American Foundation, where he worked under a supervising attorney doing legal research, drafting memos, and assisting with two pieces of active litigation.
Serving on the executive board of a new student organization called the Medical Reallocation Initiative, he worked with a team of UC Berkeley students to raise money and acquire soon-to-be-expired medical supplies. The supplies, which would have been discarded, were sent to communities in need around the world, including in Haiti, Chile, and Zimbabwe.
Dr. Samir Sharma is a board-certified orthopedic surgeon and sports medicine physician. He currently practices at South Bay Orthopedic and Sports Medicine with his wife, Dr. Kavita Sharma, and a talented team of medical professionals in Campbell, California.
After being raised in Michigan, Dr. Sharma moved to Miami where he was accepted to the honors accelerated medical program at the University of Miami, Florida. He moved back to Michigan to attend the Wayne State University School of Medicine in Detroit, where he graduated with a top of the class distinction. During his orthopedic surgery residency there, he worked under Dr. Robert Teitge, a team physician for the Detroit Pistons.
Dr. Sharma completed a sports medicine externship at the University of Pittsburgh under Christopher Harner and Freddie Fu, before finishing his residency at the Detroit Medical Center. He concluded a fellowship at Tahoe Orthopedics and Sports Medicine in Carson City, Nevada, working alongside team physicians for the US Ski and Snowboarding team.
Active in his field, Dr. Sharma is a member of the American Academy of Orthopedic Surgery, the American Orthopedic Society for Sports Medicine, the California Orthopedic Association, the California Medical Association, and the Santa Clara County Medical Association.
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