Lawsuit Filed Against Australia’s Environment Minister for Not Considering ‘Climate Risk’

Protesters take part in the School Strike 4 Climate rally on in Melbourne, Australia, on May 21, 2021. Graham Denholm/Getty Images

A legal challenge has been lodged against Australia’s environment minister, Tanya Plibersek, claiming she did not adequately consider climate risks when approving two new coal mining projects.

The action, filed in the Federal Court of Australia, seeks a judicial review of the minister’s decision, arguing there were legal errors because Plibersek did not consider the potential harms of climate change.

In May, Plibersek approved four new coal mines in the country, including the Mount Pleasant Mine (New South Wales or NSW), Narrabri Underground Mine (NSW), Ensham Mine (Qld), and Isaac River (Qld).

The current action, lodged by Environmental Justice Australia on behalf of the small activist group the Environment Council of Central Queensland, targets the two NSW projects of Mount Pleasant and Narrabri.

Australian Minister for Environment and Water Tanya Plibersek speaks during question time at Parliament House in Canberra, Australia, on July 28, 2022. Martin Ollman/Getty Images

“We must act now to avoid climate catastrophes—from droughts to floods and bushfires, that will harm all of us and our iconic Living Wonders,” said Christine Carlisle, president of the Council, said in a statement.

While senior lawyer Retta Berryman of Environmental Justice Australia said that if successful, the case could result in all future coal and gas projects requiring a proper climate risk assessment.

“Until now, this hasn’t been the case, despite the legal requirements,” she said.

“Our client argues the minister should have registered the harm these projects are likely to cause. They say that the minister’s refusal to accept and apply the science from the [Intergovernmental Panel on Climate Change], other authoritative sources, and even her own department was irrational, illogical, and unlawful.”

In response, the federal environment minister’s office said it had received the documents from Environment Justice Australia.

“As this is a legal matter, we are unable to comment further,” a spokesperson for Plibersek told The Epoch Times.

Labor Government Tries to Balance Net Zero Push With Economic Growth

The environment minister is walking a tightrope between fulfilling the Labor government’s environmental (and net-zero) credentials while also ensuring the economy does not suffer (coal is a major Australian export).

In early May, after cancelling two coal mines in Queensland because they did not supply adequate information on their environmental impact, Plibersek wrote on Twitter, “If companies aren’t willing to show how they will protect nature, I’m willing to cancel their projects—and that’s exactly what I’ve done.”

It is a move that has compelled some pro-net-zero organisations to accuse the government of hypocrisy.

“Last week’s ’rejection' of the long-stalled China Stone and Range coal mines was laying the groundwork for the approval of new coal mines with more momentum and more powerful proponents,” said the Australia Institute on May 12 on its website.

“Thursday 11 May, Environment Minister Tanya Plibersek quietly gave the nod to not one, not two, not three, but FOUR new coal mines.”

Climate Lawsuits Underway

The radical environmentalism legal movement is well underway, with several pending lawsuits in Democrat-led states in the U.S.

Big oil and gas companies are being targeted to pay the costs of disasters that are being attributed to climate change.

While there is some agreement on the impacts of climate change, there are those who disagree, saying the science is open to interpretation.

U.S. eco-modernist, Michael Shellenberger, has argued against the narrative that the planet’s environmental situation is in dire straits.

“The death rate from natural disasters has crashed; we have four times as many people as we did in the world 100 years ago. The death toll has declined about 90 percent in the United States,” he told the Conservative Political Action Conference in Australia in October 2022.

“Somewhere between 305,100 people die every year from natural disasters. More people die walking from their bed to the toilet than they do from natural disasters.”

He also said there was more coral in the Great Barrier Reef than there had ever been in 36 years.

At the same time, forest fires have claimed 25 percent less land compared to 2003—an area the size of Texas.