Tag: climate change

The ‘Ecological Limitation’: Exploring the Implications of Climate Change for the Australian Constitution

BY COSTA AVGOUSTINOS

The Australian climate litigation movement has recently made significant inroads into the field of negligence. In Sharma v Minister for the Environment (2021) (Sharma), the Federal Court held that the Minister for the Environment owes … Read the rest

Superimposing private duties on the exercise of public powers: Sharma v Minister for the Environment

 BY ELLEN ROCK

In May of this year, Bromberg J in the Federal Court handed down a key decision in climate change litigation which has made waves both within Australia and internationally. Sharma v Minister for the Environment [2021] FCA Read the rest

Climate change and human rights under the Australian Charters

BY KENT BLORE

Late last year, the Dutch case of Urgenda made international headlines when the Dutch Supreme Court found its government in breach of the rights to life and privacy for failing to scale up its emissions reductions targets … Read the rest

Climate change and human rights to collide before the United Nations Human Rights Committee

BY EBONY BACK AND REBECCA LUCAS

Introduction

There has been a spate of legal actions (both domestic and international) around the world in the past few years attempting to hold governments accountable for their inaction on climate change and the … Read the rest

Wrong place, wrong time: The next logical step in environmental, planning and climate change jurisprudence

BY MATT FLORO AND JASPER BROWN

On 8 February 2019, Chief Judge Preston of the NSW Land and Environment Court (LEC) handed down his landmark decision in Gloucester Resources Limited v Minister for Planning [2019] NSWLEC 7 (… Read the rest

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