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ARTICLE · 09 SEPTEMBER 2021

Australian Court Rules Environmental Regulator Is Duty Bound To Develop Climate Change Policies

Jones Day
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In April 2020, a climate action group called Bushfire Survivors for Climate Action Incorporated ("BSCA") filed civil enforcement proceedings against the EPA in the NSW Land and Environment Court.

AustraliaEnvironment
Jennifer L. Chambers
Jennifer L. Chambers
Mark Crean
Mark Crean
John Emmerig
John Emmerig
Tim L'Estrange
Tim L'Estrange
Leah Ratcliff
Leah Ratcliff
Isaac C. West
Isaac C. West
Tony Wassaf
Tony Wassaf
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In Short

The Situation: A climate action group commenced legal proceedings seeking to compel an Australian environmental protection regulator to develop instruments aimed at combatting climate change in Australia's most populous state of New South Wales ("NSW").

The Decision: In a landmark decision, Chief Judge Preston of the NSW Land and Environment Court held that the NSW Environment Protection Authority ("EPA") had not discharged its duty to develop environmental quality objectives, guidelines and policies to ensure environment protection from climate change, and ordered the EPA to develop such instruments going forward.

Looking Ahead: The decision is the latest in a series of Australian and international cases which have found that regulators and government decision-makers owe positive duties to address climate change.

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