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Ben Potter

Environmental lawyers get a lecture in how to litigate

Those seeking to oppose gas projects cannot hide behind elaborately constructed or confected Indigenous heritage claims.

Ben PotterSenior writer

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The Environmental Defenders’ Office will have to reassess the way it builds cases invoking Indigenous heritage to oppose resource development after Federal Court judge Natalie Charlesworth’s bracing rejection of a case brought on behalf of Tiwi Islanders against Santos’ Barossa gas project.

The Tiwi Islanders’ case was based on the risk that a pipeline connecting the Barossa project in waters north of Darwin to another Santos pipeline would disturb and anger two creatures of their Dreaming stories – Ampiji, the rainbow serpent and Caretaker of the Sea, and the Crocodile Man – leading to calamity and harm to the people.

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Ben Potter writes on energy, climate change and innovation, and has been Washington correspondent, opinion editor and companies editor. Connect with Ben on Twitter. Email Ben at bpotter@afr.com

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    Original URL: https://www.afr.com/policy/energy-and-climate/environmental-lawyers-get-a-lecture-in-how-to-litigate-20240115-p5exg1