The landmark case was brought by eight young people, who, due to their age, were represented by Sister Marie Brigid Arthur. They sought the duty of care declaration, as well as an injunction against the planned extension of the Vickery coal mine, that operates close to Gunnedah in northern New South Wales.
In terms of the injunction on the 2016 proposal which has been approved by the NSW Department of Planning Bromberg decided against it, leaving it up to federal Environment Minister Sussan Ley to exercise her newfound duty of care in relation to the coal mine extension decision.
The Federal Court ruling is significant as it deems the minister negligent if they do not uphold the duty of care to children in relation to fossil fuel projects. Further, it recognised the validity of climate scientists’ warnings about the risks global warming poses to the planet.
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The Australian environment minister has a duty of care to protect children from future personal injury caused by climate change, a court has established.
But attempts to secure an injunction banning the expansion of the Vickery coal mine in northern NSW have been stymied for the time being.
A group of eight Australian children last year sought an injunction to prevent Environment Minister Sussan Ley approving the mine extension project, which would result in 100 million additional tonnes of carbon emissions.
The Whitehaven Coal-owned project north of Gunnedah was previously approved by NSW s Independent Planning Commission.
In what class action proponents have labelled a world-first judgment, Federal Court Justice Mordecai Bromberg on Thursday found Ms Ley has a duty of reasonable care to not cause the children personal injury when exercising her power to approve or reject the extension.