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- Title
The Living Wonders case: A Backwards Step in Australian Climate Litigation on Coal Mines.
- Authors
Peel, Jacqueline
- Abstract
As one of the world's largest exporters of coal and gas, Australia's domestic regulation of fossil fuels plays an important part in global greenhouse gas emission reduction efforts. This analysis examines the Australian Federal Court's Living Wonders decision—the latest judicial review challenge to coal mines based on Australia's federal environmental law, the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). 1 This legislation has significant flaws as a tool for regulating the climate impacts of fossil fuel projects, which the Living Wonders decision emphasises. The Federal Court found no legal error in the Environment Minister's reasoning that large export-oriented coal mines will produce 'no net increase' in global emissions and/or have emissions which are too 'small' to warrant detailed assessment under the EPBC Act. The Living Wonders judgment delivers a blow to hopes for progressive, climate-friendly interpretation of Australia's federal law in coal litigation and strengthens arguments for law reform.
- Subjects
COAL mining; GREENHOUSE gas mitigation; ENVIRONMENTAL law; JUDICIAL review; FOSSIL fuels &; the environment; EMISSIONS (Air pollution); ENVIRONMENTAL protection; BIODIVERSITY conservation laws
- Publication
Journal of Environmental Law, 2024, Vol 36, Issue 1, p125
- ISSN
0952-8873
- Publication type
Article
- DOI
10.1093/jel/eqae002