‘Duty of care’ loss for teen climate activists

The Environment Minister doesn’t have a duty of care to protect children from harm caused by climate change, court rules.

Environment Minister Sussan Ley. Picture: NCA NewsWire / Martin Ollman

The Morrison government has successfully appealed against a court ruling that found the environment minister had a duty of care to protect children from harm caused by climate change.

Led by Melbourne schoolgirl Anjali Sharma, a group of teenagers launched a landmark class action in May 2021 in a bid to prevent the expansion of Whitehaven Coal’s Vickery mine, near Boggabri in regional NSW, being given planning approval.

During the hearing, the group of climate activists successfully argued that the mine extension would pose a risk to their future, causing injury, ill-health and economic losses, and that the federal environment minister had a duty of care to consider young people when considering the extension.

Two months later, the judgment was broadened to apply to all children.

But in a judgment handed down on Tuesday afternoon, a full bench of the Federal Court unanimously overturned the earlier decision, with all three judges agreeing the complaints were “unfounded”.

Melbourne teen Anjali Sharma in 2020. Picture: Jake Nowakowski

Chief Justice James Allsop said the minister had no control over the damage caused by climate change. “The lack of proportionality between the tiny increase in risk and lack of control, and the liability for all damage by heatwaves, bushfires and rising sea levels to all Australians under the age of 18 ongoing into the future, mean that the duty in tort should not be imposed,” Chief Justice Allsop said.”

Despite the ruling, Ms Sharma vowed to keep fighting for the protection from global warming and for stronger action on climate change.