Federal Court Rules Against Duty Of Care To Protect Young People From Climate Change

The Federal Environment Minister has won an appeal arguing that she does not have a duty of care to protect young people from climate change when assessing fossil fuel projects.

Sussan Ley was originally taken to court by a group of eight children in 2020, who delivered a class action on behalf of all Australian children, arguing that she had a duty of care to protect young people from climate change.

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The teenagers argued that climate change will be made worse by digging up and burning coal, and that the future would be endangered because climate hazards would cause them injury, ill health, and financial losses.

The group also asked, without success, for an injunction preventing the minister from approving the Whitehaven Coal's Vickery Extension Project near Gunnedah in New South Wales.

While, the injunction was dismissed, the court did rule in favour of the teenagers, finding that Ms Ley did owe a duty of care to Australia’s young people.

In July, the minister appealed Justice Mordecai Bromberg's ruling, resulting in Tuesday's decision by the Federal Court to overturn the initial judgement.

“The court is unanimous in the view that the duty should not be imposed upon the Minister. The three judgments of the court have different emphases as to why this conclusion should be reached,” Chief Justice James Allsop said in his judgment on Tuesday.

17-year-old student and advocate Anjali Sharma said that the ruling has left the group "devastated", but it will not deter them from their flight for climate justice.

“This case demonstrates that young people are determined to be heard on this issue at the highest levels. We’re proud of representing young people in Australia and fighting to hold people in power responsible for their actions,” she said.

“Climate change is already wreaking havoc on the lives of Australians. Two years ago, Australia was on fire; today, it’s underwater."

- Anjali Sharma

“Burning coal makes bushfires and floods more catastrophic and more deadly. Something needs to change. Our leaders need to step up and act,” she said.

Despite the outcome, Izzy Raj-Seppings, 15, said “the ground is shifting”.

“Governments around the world are stopping new coal projects and rapidly shifting to renewables. We call on the Australian government to do the same,” she said. “Our lawyers will be reviewing the judgment and we may have more to say in the coming weeks.”

If the group appeals Tuesday’s ruling, the matter could go before the full bench of the High Court.

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