Climate duty of care ruling overturned but lawfare to continue
The full Federal Court slapped down a previous finding that Environment Minister Sussan Ley owes a duty of care to children to consider climate change harm when approving coal mines, in a unanimous ruling on Tuesday that sparked relief in mining companies.
But while the ruling overturned last year’s landmark decision that the federal minister had a duty to take reasonable care to avoid causing harm to children from carbon emissions when considering a mining application, lawyers said it would not stop the wave of young Australians seeking climate change action through the courts.
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