A Duty to Care: The Case of Sharma v Minister for the Environment [2021] FCA 560. (14th November 2021)

• Record Type: Journal Article
• Authors: Peel, Jacqueline; Markey-Towler, Rebekkah
• Is Part Of: Journal of environmental law. Volume 33:Number 3(2021)
• Page Start: 727
• Page End: 736
• Publication Date: 2021-11-14
• Subjects: climate litigation -- children -- duty of care -- negligence -- coal mine -- inter-generational justice -- precautionary principle; Environmental law -- Periodicals; Environmental law -- Great Britain -- Periodicals; 344.046
• DOI: 10.1093/jel/eqab022
• Languages: English
• ISSNs: 0952-8873

Abstract

Abstract: This analysis considers the implications of Sharma v Minister for the Environment [2021] FCA 560 and its finding of a novel duty of care owed by the Australian Government to children to prevent climate harms. While the judgment of a single Federal Court justice is likely to be appealed and did not result in an injunction halting the coal mine, its close consideration of scientific evidence of climate impacts and recognition of the special vulnerability of children has potentially profound ramifications for the ongoing development of climate litigation, both in Australia and globally. More broadly, the Sharma decision adds to growing momentum for governments to be held accountable for their actions on climate change, effectively calling for a duty to care in the face of inter-generational injustices inflicted by inaction on reducing greenhouse gas emissions to safe levels.