Suing for climate action
In the face of the government’s inaction on the climate emergency, activists are turning to lawsuits in an attempt to bring about change.
“I’m suing the government because I think they need to start telling the truth about the financial risks of climate change,” says Katta O’Donnell, a law student at La Trobe University. Last week, her lawyer, David Barnden, filed proceedings in the Federal Court in what he describes as a “world first” case.
O’Donnell, 23, is arguing that the Federal Government, in issuing sovereign bonds, failed to disclose material risks to investors. “The claim says that climate change is a material risk,” explains Barnden.
The claim is unusual, and as such it is impossible to predict how the Federal Court might rule. “It is extremely difficult to judge the prospects of success because these are test cases,” says University of Melbourne Professor Jacqueline Peel, an expert in environmental and climate change law. “They are completely novel, not just in Australia but internationally.”
Australia has a long history of environmental litigation, beginning with administrative law challenges to environmentally damaging planning approvals in the 1980s. Against this backdrop, climate change claims were an obvious next step.
However, climate litigation may not be a panacea. “Litigation can only ever be a tool, not the tool, for trying to advance climate policy,” Peel says.
But across the globe, the latest wave of climate lawsuits is causing real change. Australia is not far behind. “Some of the cases currently under way, including McVeigh and O’Donnell, these could have a transformative impact,” Peel says. “We are potentially on the cusp of something big.”
Source: The Saturday Paper