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Australia duty of careclimate change litigation

Sharma v Minister for the Environment

Minister for the Environment v Sharma [2022] FCAFC 35
JurisdictionAustralia
CourtFull Court of the Federal Court of Australia
Year2022
StatusBinding authority

Key Principle

The Commonwealth Minister for the Environment does not owe Australian children a novel common-law duty of care to avoid causing them personal injury from climate change when deciding under the Environment Protection and Biodiversity Conservation Act 1999 (Cth) whether to approve the extension of a coal-mining project; the Full Court unanimously overturned the primary judge's contrary finding.

Area of Law

environmental

Related Cases

Bushfire Survivors for Climate Action Inc v Environment Protection Authority [2021] NSWLEC 92
Gloucester Resources Ltd v Minister for Planning (Rocky Hill Mine) [2019] NSWLEC 7
Lansen v Minister for Environment and Heritage Lansen v Minister for Environment and Heritage (2008) 174 FCR 14; [2008] FCAFC 189

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