driving positive change through law and data analytics

Living Wonders legal submission

  • The Environment Council of Central Queensland submitted 19 legal requests in July 2022 on proposed coal and gas projects to the Environment Minister of Australia (Minister Tanya Plibersek).

  • The submission requested that the impacts of climate change on species listed as matters of national concern be considered in the environment ministers’ decision to approve or block these projects.

  • The requests aimed to challenge how impacts are defined under the Environment Protection and Biodiversity Conservation Act (the EPBC Act) and emphasize the need to account for climate change when assessing the risks and harm of coal and gas proposals.

our contribution

  • we provided the evidence database that underpinned the extensive Living Wonders reconsideration requests by the Environment Council of Central Queensland (ECoCeQ).

  • our evidence was specifically referenced and acknowledged in the Minister’s decisions on three of the reconsideration requests in the Ministers’ written reasons.

impact

  • the minister agreed to review 18 proposed coal and gas projects in light of the living wonders requests

  • five of the proposals subject to reconsideration requests have been withdrawn by the proponents, rejected by the Minister (Central Qld Coal), or declared lapsed (as was the case for two stalled coal mine proposals)

press

Waratah Coal Pty Ltd

our contribution

  • investigation of the client and opponent expert reports and data

  • investigation into the logical underpinnings of the opponent report

  • guidance on counsel to undermine the credibility of the opponent expert

impact

  • A landmark climate ruling (Waratah Coal Pty Ltd v Youth Verdict Ltd & Ors (No 6) [2022] QLC 21) deemed the coal mine proposed by Waratah Holdings to be detrimental to future indigenous and non-indigenous generations.

  • The ruling recognised the long-term impacts of fossil fuel projects on the environment and highlighted the importance of considering the intergenerational consequences of fossil-based mines.

  • Waratah Holdings has withdrawn its appeal against the ruling.

press

Petersonanalytic