Government cannot ignore impact of climate change on children when approving coal mine expansion

In what has been hailed as a worldwide landmark judgement, in May 2021 the Federal Court found the government has a duty of care to consider the impact of climate change on children before making environment-related decisions.

The unusual case was brought by eight teenagers, aged 13 to 17, and an 86-year-old nun acting as their litigation guardian. Together, they initiated a class action suit against Whitehaven Coal, which is seeking to expand its Vickery coal mine near Gunnedah in northern NSW. (See Sharma by her litigation representative Sister Marie Brigid Arthur v Minister for the Environment [2021] FCA 560.)

The youngsters, through their lawyers, argued that Environment Minister Sussan Ley had a duty under common law to protect young people from future harm that is a result of climate change; harm that will be exacerbated if the coal mine expansion goes ahead.