A decision this week from the International Court of Justice holding countries have an obligation to protect the climate from greenhouse emissions will open the door to innovative climate litigation, experts told Lawyerly.
The NSW Independent Planning Commission failed to consider the local impact of climate change when approving the expansion and extension of MACH Energy’s Mount Pleasant coal mine, an appeals court has ruled.
An Aboriginal corporation joined to Regis Resources’ fight against a decision related to its McPhillamys gold mine wants a costs capping order, concerned the mining company could otherwise “police” its conduct in the case.
Whitehaven Coal, which is locked in a fight with two conservation groups over the Winchester South coal mine in Queensland, has fought off an application for disclosure of internal climate risk documents created by a related entity.
Legal experts say climate-related litigation will continue — and even increase — despite a judge’s dismissal this week of a class action by Torres Strait Islanders alleging the government was negligent in failing to protect them from the harmful effects of climate change.
A judge has found that the government owes no duty of care to Torres Strait Islanders to protect them against the effects of climate change, despite finding that there was a very real risk they could become “climate refugees”.
A long-running class action against the Murray Darling Basin Authority over alleged negligent water management, including the failure to consider the impacts of climate change, will head to trial next month, just weeks after the court issues judgment in another closely watched climate class action.
A judge has allowed a Central Coast resident to weigh in on Optus’ challenge to a council’s refusal to bless its plans to build a telecommunications tower, saying the council’s “commercial relationship” with the telco justified a contradictor.
Two conservation groups opposing Whitehaven Coal’s Winchester South coal mine in Queensland’s Bowen Basin have won court approval to adduce late expert evidence on possible climate scenarios.
HWL Ebsworth has acquired Adelaide law firm Botten Levinson Lawyers, boosting the firm’s environment and development law offering in the region.