The Living Wonders case: A Backwards Step in Australian Climate Litigation on Coal Mines

Jacqueline Peel

Journal of Environmental Law, 2024, vol. 36, issue 1, 125-132

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.

Date: 2024
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