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Youth Verdict v. Waratah Coal

Filing Date: 2020
Reporter Info: [2020] QLC 33; [2021] QLC 4; [2021] QLC 36; [2022] QLC 3; [2022] QLC 4
Status: Pending
Case Categories:
  • Suits against corporations, individuals
    • Corporations
      • GHG emissions reduction
  • Suits against corporations, individuals
    • Corporations
      • Environmental assessment and permitting
Jurisdictions:
  • Australia
    • Queensland
      • Land Court
Principal Laws:
  • Australia
    • Human Rights Act (Queensland)
Summary:

On May 13, 2020, the environmental group Youth Verdict lodged an objection to the proposed Galilee Coal Project in the Queensland Land Court on human rights grounds. The plaintiffs allege that by contributing to climate change, the mine will infringe on their right to life, the protection of children, and the right to culture as protected by the Queensland Human Rights Act. Thus, approval of the mine would be unlawful. The Galilee Coal Project had received federal approval but needed a recommendation that it be approved by the Queensland Land Court before the environmental authority and mining lease could be granted by the Queensland Department of Environment and Science and Minister for Resources, respectively. The recommendations are not finally determinative but must be considered by the Minister for Natural Resources Mines and Energy and by the Chief Executive of the Department of Environment and Science when making a final decision on the mining lease.

On August 28, 2020, the court denied the defendant's motion to dismiss the case. On November 25, 2022, the Queensland Land Court recommended to the Minister for Natural Resources Mines and Energy and the Chief Executive of the Department of Environment and Science that the Mining Lease and Environmental Authority respectively be rejected. In reaching this decision the Court considered factors including climate change, the economic and social benefits and costs and the limitation of human rights associated with the Project. The Court found that the development of the Project would unjustifiably limit the right to life, the protection of children, the right to culture of First Nations People, the right to property, the right of certain groups to enjoy human rights without discrimination, and the right to privacy and home.

At Issue: Australian youth challenged proposed coal mine on human rights grounds.
Case Documents:
Filing Date Type File Summary
03/18/2022 Application Download Waratah Coal Pty Ltd v Youth Verdict Ltd & Ors (No 5) [2022] QLC 4
03/18/2022 Application Download Waratah Coal Pty Ltd v Youth Verdict Ltd & Ors (No 4) [2022] QLC 3
10/05/2021 Application Download Waratah Coal Pty Ltd v Youth Verdict Ltd & Ors (No 3) [2021] QLC 36
02/08/2021 Application Download Waratah Coal Pty Ltd v Youth Verdict Ltd & Ors (No 2) [2021] QLC 4
08/07/2020 Application Download Waratah Coal Pty Ltd v Youth Verdict Ltd & Ors [2020] QLC 33
11/25/2022 Decision Download Decision by the Queensland Land Court.
11/25/2022 Press Release Download EDO's summary of the decision.

© 2023 · Sabin Center for Climate Change Law · U.S. Litigation Chart made in collaboration with Arnold & Porter Kaye Scholer LLP

The materials on this website are intended to provide a general summary of the law and do not constitute legal advice. You should consult with counsel to determine applicable legal requirements in a specific fact situation.