Public interest litigation under threat

Australia’s peak environment groups have slammed a Federal Court decision which allows mining company Santos to pursue environment groups that were not directly involved in a recent court case against them.

The decision means that the Environment Centre NT, Sunrise and Jubilee must hand over documents to  Santos, and face a potential costs order, even though they were not directly involved in the case.

Jacqui Mumford, CEO of the Nature Conservation Council of NSW described the decision as ‘staggering’.

‘None of these groups were parties to, funded or conducted the litigation,’ Ms Mumford said.

‘The judge has found that their common interest in wanting to stop the Barossa project may be grounds for a non-party costs order against them.

Chilling effect

If this proceeds any further it could have a chilling impact on campaigning and public interest litigation across the country.’ 

The groups want the decision overturned and are demanding that the right of organisations to defend nature and communities must be protected.

‘This is a staggering decision that the public should be very concerned by,’ the Executive Director of The Conservation Council of Western Australia, Jess Beckerling said. 

‘These sorts of legal suits are designed to deter public participation and they are profoundly anti-democratic’.

Jono La Nauze, CEO of Environment Victoria, said that by ‘hounding’ organisations not even involved in the case, Santos was ‘trying to send a message to every community group in Australia that they were safer remaining silent’.

‘This is a chilling move by one of Australia’s biggest polluters, it is the kind of corporate bully-boy tactics that have no place in a functioning democracy.

‘If Santos were actually proud of their environmental record they would not be afraid of defending their actions in court.’