27 May 2021

A group of Australian children has claimed an unprecedented legal victory over the Federal Government, after the Federal Court found Environment Minister Sussan Ley has a duty of care to future generations when considering projects which may accelerate climate change.

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In a ruling handed down Thursday, Justice Mordecai Bromberg did not contest expert evidence that a “4℃ Future World” scenario, in which temperatures rise four degrees Celcius above pre-industrial levels, could have catastrophic consequences for future generations.

And Bromberg acknowledged the children’s argument that they are subject to a duty of care in relation to the potential risks of climate change — with some of that responsibility resting on the Environment Minister.

“In the context of there being a real risk that even an infinitesimal increase in global average surface temperature may trigger a 4℃ Future World, the Minister’s prospective contribution is not so insignificant as to deny a real risk of harm to the Children,” Bromberg said.

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However, Bromberg did not grant the injunction, saying that since the children were not at imminent risk of harm, “it is highly undesirable to pre-empt the Minister’s decision” on the expansion.

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In a statement provided to the ABC, Whitehaven appreciated Bromberg’s decision not to grant the injunction, saying the application has “no merit”.