On September 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.
I pursued Computer Engineering in my undergrad with specialization in software and data mining, two pillars which significantly support corporate strategies. My learning experience in both these skills were significant in enhancing my learning experience as a MS Fin student at The Jindal School of Management at UTD. Many of the courses I took during my masters in UTD also required a solid understanding of quantitative methods and statistics, so my undergrad studies greatly augmented my experience at graduate school.
The recognition and respect are bestowed for being part of this amazing institution is what makes me most proud of. Professionals and companies recognize the value of the education and most importantly the experience we are imparted during the course of our journey here. Our professors are well known and there is lot to be shared with peers from different institutions. I am immensely grateful for an amazing two years of journey here which passed with the blink of an eye.
The experience was wonderful, learning from the JSOM professors has shaped me personally and professionally. The JSOM students there were also very intellectual and curious. It was a great educational experience.
I chose my MS degree in Finance at JSOM primarily because of the curriculum and the faculty staff. The courses taught covered all of the areas in finance and it gave the opportunity to specialize in different concentrations, such as financial technology or investment analysis. Additionally, the faculty is very well prepared and up to date in the latest research.
During my research for a good graduate school, I saw that the MS in Finance at JSOM offered more than just quality education, it provided an access to huge knowledge pool and experience from the faculties and the peers alike. It had the widely diverse class with students from all around the world to learn from, while having 200+ student organizations to develop myself outside of the classroom and make friends. Being located really close to Dallas, a major city which has great opportunities also influenced my decision to enroll at JSOM.
The catastrophic climate impacts from mining and burning coal have not changed. The evidence accepted by the court concluded that every coal mine matters. The emissions from one coal mine can trigger tipping points causing extensive harm to people and the environment.
Former State and Territory fire chiefs and senior emergency services personnel, Ewan Waller, Steven Warrington (AFSM), Major General (Retd) Peter Dunn (AO) and Gregory Mullins (AO, AOFSM) kindly put on evidence for the students.
Jack McLean co-ordinated the matter at Equity Generation Lawyers with critical support from James Higgins and Varsha Yajman. Ling McGregor and Clare Schuster provided crucial contributions throughout the proceedings. Guidance was provided by David Barnden.
In September 2020, eight young people from around Australia, represented by Equity Generation Lawyers, and with the assistance of 86 year-old litigation guardian Sister Brigid Arthur, brought a class action against the Federal Minister for the Environment alleging that the Minister has a duty to avoid causing future harm related to the carbon emissions that would result from the approval of a proposed coal mine extension project in the state of New South Wales known as the Vickery Extension Project. If approved, the coal burned from the Vickery Extension Project will result in 100 million tonnes of carbon emissions over the next 25 years, further fuelling the climate crisis. Our clients argued that approving the mine would breach the alleged duty.
The school students who brought the case are passionate about climate justice. They come from all around Australia and were all involved in organising for School Strike 4 Climate. The students brought their claim with the assistance of their litigation guardian, Sister Brigid Arthur.
Our government is still approving these mines knowing they are a direct cause of rising temperatures, increasing CO2 levels, extreme nature events, ecosystems disappearing and food and water shortages. It is time to put our futures before fossil fuels and profits.
The devastating impact of the impending climate crisis will largely be inflicted by the inaction of this generation of adults, in what might fairly be described as the greatest inter-generational injustice ever inflicted.
This is a duty about life and death for Australian children. It seems inconceivable that an environment minister, a member of parliament representing the people of Australia, would seek to rid herself of this sensible responsibility.
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