Common Law Duty Archives - Climate Change Litigation

Pabai Pabai and Guy Paul Kabai v. Commonwealth of Australia

At issue: Whether the Australian government owes a duty of care to Torres Strait Islanders to take reasonable steps to protect Torres Strait Islanders, their traditional way of life and the marine environment in and around the Torres Strait Islands from climate change impacts. Further, whether the Australian government has breached the alleged duty by failing to implement measures to reduce Australia’s greenhouse gas emissions.

Jurisdictions:

Australia
- Federal Court of Australia

Sharma and others v. Minister for the Environment

At issue: Whether the Minister for Environment has a duty of care to avoid causing harm to Australian children when deciding whether or not to approve a coal mine expansion. If so, whether an injunction can be sought to stop the Minister from approving the coal mine expansion.

Jurisdictions:

Australia
- Federal Court of Australia

2 Cases found