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Article

1 Mar 2021

Author:
Adam Morton, The Guardian

'A duty of care': Australian teenagers take their climate crisis plea to court

1 March 2021

Eight teenagers and an octogenarian nun head to an Australian court...to launch what they hope will prove to be a landmark case – one that establishes the federal government’s duty of care in protecting future generations from a worsening climate crisis.

If successful, the people behind the class action believe it may set a precedent that stops the government approving new fossil fuel projects.

The lead applicant of the case in the federal court in Melbourne this week is Anj Sharma, a 16-year-old student. ...

The case is a response to a proposal by Whitehaven Coal to extend its Vickery coalmine in northern New South Wales. The expansion of the mine could lead to an extra 100m tonnes of CO2 – about 20% of Australia’s annual climate footprint – being released into the atmosphere as the extracted coal is shipped overseas and burned to make steel and generate electricity.

The teenagers and their legal team argue the federal environment minister, Sussan Ley, would be breaching a common law duty of care to protect younger people against future harm if she used her powers under national environment laws to allow the mine extension to go ahead.

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