EPBC Act review – Final Report released

Professor Graeme Samuels has released the Final Report on the Independent Review of the Environment Protection and Biodiversity Conservation Act 1999 (Cth) (EPBC Act), finding that Australia’s ‘current environmental trajectory is unsustainable’ and that the ‘EPBC Act is ineffective’. The Final Report proposes wide-ranging reforms, including the introduction of legally enforceable National Environmental Standards (NES), … Read more

WA Climate Policy Released

On 30 November 2020. the Western Australian Government released the long awaited ‘Western Australian Climate Policy: A plan to position Western Australian for a prosperous and resilient low-carbon future’. Read more

Trends in climate litigation – continued focus on disclosure, portfolio analysis, and role of individual activities in broader climate impacts

The settlement this week of Mr McVeigh’s proceeding against REST has underlined management of climate risk and TCFD-aligned disclosure as growing issues for institutional investors. Other recent developments include a further post-approval challenge to a coal mine, asserting that new expert evidence regarding climate change impacts on the Great Barrier Reef should be taken into account to revoke the approval decision and prosecution for import of synthetic greenhouse gas where a single offence attracted an agreed penalty of $500,000. Read more

Young Australians bring climate claims against the Australian government

A group of Australian teenagers has filed a class action against the Commonwealth Minister for the Environment, and is seeking an injunction to prevent the Minister approving a proposed coal mine expansion. The claim alleges that approving the mine would breach the Minister’s common law duty of care to young people. The case follows the recent landmark proceedings alleging that the Commonwealth and others failed to properly disclose information about climate change risks to prospective investors in government bonds. We provide a snapshot of the issues and implications of these proceedings. Read more