Eight high school students who took the Federal Environment Minister to court claiming she has a duty to avoid causing harm from climate change have promised to keep fighting for stronger climate action in Australia.
Today, the Full Federal Court decided in favour of Minister Sussan Ley who appealed the decision of the Federal Court that established she had a duty of care to reasonably avoid harming children when determining whether or not to approve a new coal mine project. The first instance decision established that the carbon emissions expected from the Vickery Extension Project create a real risk of personal injury and death to today’s children.
‘Today’s ruling leaves us devastated, but it will not deter us in our flight for climate justice,’ said Anjali Sharma, 17, one of the students.
‘This case demonstrates that young people are determined to be heard on this issue at the highest levels. We’re proud of representing young people in Australia and fighting to hold people in power responsible for their actions.
‘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.’
Much to celebrate
‘While today’s judgment did not go our way, there is still much to celebrate,’ said Izzy Raj-Seppings, 15, another student involved in the case.
‘The Court accepted that young people will bear the brunt of the impacts of the climate crisis. 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.
‘Climate inaction has devastating consequences for young people. While today’s judgment is disappointing, we will keep fighting harder and louder than ever to demand that those in power protect the most vulnerable and ensure a safe future.
‘Regardless of today’s outcome, the ground is shifting. Governments around the world are stopping new coal projects and rapidly shifting to renewables. We call on the Australian government to do the same.
‘Our lawyers will be reviewing the judgment and we may have more to say in the coming weeks.’
Science has not changed
David Barnden, the students’ lawyer said, ‘Independent climate change experts established that Whitehaven’s Vickery coal mine will create a risk of personal injury and death to young Australians. The science has not changed. Irrespective of today’s decision, adults should do all they can to create a safe future for our children.
‘We will continue to support young people in their fight for a safe future and will carefully review the decision.’
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