Court hands down landmark ruling for NSW Environmental Protection Authority to take action on climate change

The biggest polluters in NSW are on notice after a landmark court ruling aimed at the Environmental Protection Authority.

In a landmark ruling, a court has ordered the NSW Environmental Protection Authority to safeguard against climate change.

Bushfire Survivors For Climate Action took the EPA to the Land and Environment Court over its climate change policy, arguing the authority had failed to stop pollution with greenhouse gases.

In his finding this week, Justice Brian Preston ruled the EPA should “develop environmental quality objectives, guidelines and policies to ensure environment protection from climate change”.

However, he did not say the EPA should act on specific targets.

“This does not demand that such instruments contain the level of specificity contended for by BSCA, such as regulating sources of greenhouse gas emissions in a way consistent with limiting global temperature rise to 1.5 degrees celsius above pre-industrial levels,” he said.

Bushfire Survivors For Climate Action took the Environmental Protection Authority to court over its climate change policy.

BSCA president Jo Dodds said the decision was a “significant win” for everyone affected by bushfires.

“Bushfire survivors have been working for years to rebuild their homes, their lives and their communities,” she said.

“This ruling means they can do so with confidence that the EPA must now also work to reduce greenhouse gas emissions in the state.

“Global warming is creating the conditions that can lead to hotter and fiercer fires, and all of us need to work to make sure we’re doing everything we can to prevent a disaster like we saw during 2019 and 2020.”

The BSCA was supported by the Environmental Defenders Office, with director of legal strategy Elaine Johnson describing the outcome as a “major step forward” in holding governments to account on climate policy.

“The EPA has the power to take immediate action on climate change, for example, by putting a price on carbon, or requiring industry to reduce emissions to safe levels through the licences,” she said.

“Now, the EPA has been ordered to take action.”

Advocates say the EPA must work to reduce greenhouse gas emissions. Picture: AAP Image/Dave Hunt

Nature Conservation Council chief executive Chris Gambian said the judgment put the state’s biggest polluters on notice.

He also described it as a great day for environmental justice.

In a statement, the EPA said it was reviewing the judgment and the implications.

“The EPA is involved in work that assists with and also directly contributes to measures to mitigate and adapt to climate change,” the authority said.

“The EPA supports industry to make better choices in response to the impacts of climate change.

“The EPA has also stated its commitment to supporting and implementing the NSW Government’s Climate Change Policy Framework and Net Zero Plan through its recently released Strategic Plan and Regulatory Strategy.”

An appeal can be lodged within 28 days.