A group of school students behind a landmark climate change lawsuit have vowed to keep fighting for protection from global warming after a “devastating” court ruling.
The Federal Court on Tuesday found Australia’s environment minister did not have a duty of care to protect children from the harm caused by climate change.
Sussan Ley secured the major victory after being taken to court by eight high school students.
The teenagers launched their class action in 2020, attempting to stop planning approval for an expansion of Whitehaven Coal’s Vickery mine in regional NSW.
They secured a partial victory in July last year.
Justice Mordecai Bromberg dismissed their application to prevent Ms Ley from approving the mine expansion, but found she owed a duty of care to young Australians when assessing fossil fuel projects.
Justice Bromberg’s decision was hailed as a landmark ruling that could pave the way for future climate litigation in Australia.
Ms Ley appealed against the decision, arguing she didn’t have this duty of care. She was ultimately successful on Tuesday morning.
The full bench of the Federal Court unanimously overturned the earlier win by the students, with all three judges agreeing there was no duty of care.
The teenagers have promised to keep fighting for stronger action on climate change in Australia.
“Today’s ruling leaves us devastated, but it will not detxjmtzywer us in our flight for climate justice,” 17-year-old Anjali Sharma said.
“Climate change is already wreaking havoc on the lives of Australians. Two years ago, Australia was on fire; today, it’s underwater.
“Burning coal makes bushfires and floods more catastrophic and more deadly. Something needs to change. Our leaders need to step up and act.”
Izzy Raj-Seppings, 15, said there was still much to celebrate.
“The court’s recognition that extraction and burning of fossil fuels will cause future climate impacts is an important step in the fight for climate justice in the courtroom,” she said.
The students’ lawyer David Barnden said their legal team would carefully review Tuesday’s decision.
“Independent climate change experts established that Whitehaven’s Vickery coal mine will create a risk of personal injury and death to young Australians,” he said.
“The science has not changed. Irrespective of today’s decision, adults should do all they can to create a safe future for our children.”
Ms Ley has since approved the Vickery mine expansion, which is expected to produce an additional 100 million tonnes of carbon emissions.
She welcomed the federal court’s decision after it upheld her appeal on Tuesday, saying she took her role as environment minister seriously.
“The Morrison government remains committed to protecting our environment for current and future generations,” she said in a statement.
“The government will now closely review the judgement.”
