Recent environmental cases in Australia

Two recent cases involving environmental actions provide some guidance on how the law and Ministerial decision making can apply.  

Recently two judicial review proceedings were dismissed by the Federal Court. The case was brought by Environmental Justice Australia and has been called the Living Wonders case. The case sought to challenge the Federal Environment Minister’s failure to adequately consider climate change risk when assessing two coal mine expansions under s78 of the Environmental Protection and Biodiversity Conservation Act 1999.  

Hot topics affecting the clean energy transition

Lauren Shave, Special Counsel, Gilbert + Tobin and President, ER Law Western Australia Branch

ARELJ Article- In the Shadow of Juukan Gorge: The Parliamentary Inquiry and the Progress of Indigenous Cultural Heritage Legislative Reform

Expanding further into hydrogen

Green hydrogen production continues to grow at a rapid pace, with over 109 kilo tonnes per annum produced globally in 2022, representing a 44% growth compared to 2021. Countries including US, Denmark, Canada and Egypt, have announced over 111.9 million tonnes per annum capacity in 2022 alone.  

ARELJ Article- Activist Shareholders and Climate Change: Australian Developments

ARELJ Article- Market Substitution, Climate Change and Coal Royalty Revenue in Queensland and NSW: Filling the Void

ARELJ Recent Development- Wardens' decisions providing clarity but not advancing joy

Key industry updates in Asia

In recent months several countries in Asia have announced regulatory changes to support their transition to renewable energy. 

ARELJ Article- Managing water resources in times of fracking: Regulation and reform in Western Australia

Greenwashing is now a global issue

Businesses and governments are now realising that being green is no longer nice to have, it’s an integral part of operations. There are also benefits, perceived and real, to both consumers and business customers to being involved in programs that are environmentally friendly or have an ethical or sustainable edge. This has given rise to a new risk - ‘greenwashing’ - that governments around the world are now grappling with.

Greenwashing refers to misrepresenting a product, policy or purpose as environmental, ethical or sustainable. It applies not only to companies but also non-profits, investors or anyone seeking to represent themselves in that light.