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Australian Court Rules The Government Must Protect Young People From Climate Change

Australian Court Rules The Government Must Protect Young People From Climate Change

It's a world first decision and a massive win for Aussie climate activists.

Stewart Perrie

Stewart Perrie

The Federal Court of Australia has delivered a massive ruling for eight teenagers who believe the government is directly responsible for looking after them.

The group of teens, along with an 86-year-old nun, brought a case forward by arguing the Environment Minister has a duty of care to protect young people from the climate crisis.

The group specifically challenged Environment Minister Sussan Ley's approval of Whitehaven Coal's plan to expand the Vickery coalmine in northern New South Wales.

It was a 50-50 decision by Justice Mordecai Bromberg because while he agreed the Minister had a duty of care, he also didn't grant the teen's injunction because he didn't believe Ms Ley was breaching her responsibilities in this specific case.

Sussan Ley.
NSW Liberal Party

But the 'duty of care' ruling is believed to be a world first and has the ability to ensure future governments make it clear how their policies will mitigate harm for future generations.

A lawyer representing the teens, David Barnden, was ecstatic about the result, even though it didn't fully go their way.

He said outside court, according to the Guardian: "The court has found that the minister owes a duty of care to younger children, to vulnerable people, and that duty says that the minister must not act in a way that causes harm - future harm - from climate change to younger people.

"It is the first time in the world that such a duty of care has been recognised, especially in a common law country."

It's unclear how this 'duty of care' ruling will be applied or proved either way in the future, however the one thing that is clear is that it's now in writing.

Justice Bromberg said he will be taking submissions on how the coal mine could or could not affect young people in the future and will make a ruling on whether the plan can officially go ahead.

One of the teens who brought the injunction forward, Ava Princi, 17, said: "I am thrilled because this is a landmark decision. My future and the future of all young people depends on Australia stepping away from fossil fuel projects and joining the world in taking decisive climate action."

Whitehaven Coal seemed unperturbed by the ruling in a statement to the Australian Stock Exchange and merely insisted they have a right to expand their projects in the way they legally see fit.

The company added that it is looking 'forward to receiving the...approval for the Vickery extension project and will keep the market updated as appropriate'.

Featured Image Credit: PA

Topics: Australia