The Clean Water Act preempts tort claims governed by the law of an affected state but preserves nuisance claims under the source state's common law.
environmental
Full Federal Court overturned trial judge and held no novel duty of care is owed by the Environment Minister to Australian children when approving fossil fuel projects under climate change concerns.
NSW Land and Environment Court held the EPA had a statutory duty under the POEO Act to develop environmental protection policies addressing climate change, enforceable by judicial review.
First Australian court decision refusing mine approval on climate change grounds, holding that a project's greenhouse gas contributions are a material consideration in planning decisions.
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