Environment and planni... Environment and planni...

Is Climate Change Justiciable? Politics and Policy in Minister for the Environment v Sharma

Zoe Bush

On 15 March 2022, the Full Court of the Federal Court (Full Court) unanimously reversed Bromberg J’s finding that the Commonwealth Minister for the Environment (Minister) owed all Australian children a duty of care to avoid causing personal injury or death arising from the emission of greenhouse gases when exercising her powers to approve a coal mine extension under the Environment Protection and Biodiversity Conservation Act 1999 (Cth) (EPBC Act).

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Administrative Law, Comparative public law, Constitutional Law, Environment and planni..., Human rights Administrative Law, Comparative public law, Constitutional Law, Environment and planni..., Human rights

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

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 a duty to Australian children to take reasonable care when considering approval of a coal …

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Administrative Law, Environment and planni..., Executive Power, Judicial review Administrative Law, Environment and planni..., Executive Power, Judicial review

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

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 560 was a negligence claim commenced in connection with an application to expand …

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