Legal actions by children across the world (including Sharma v Minister for Environment in Australia) have called out governments over decisions that contribute to the climate and environmental crises. These challenges generally argue that the government owes a duty of care to children and is negligent where it fails to consider their health and wellbeing when making decisions.
The Montana Supreme Court upheld a landmark youth climate ruling that approving fossil fuel projects without regard for carbon emissions violates Montana’s constitutional right to a clean environment. The court said that, although Montana’s emissions were small at a global scale, “the right to a clean and healthful environment is meaningless” unless all emissions are considered.
The ACT has included a right to a healthy environment in its Human Rights Act. Public authorities will be required to comply with the new right immediately, but a moratorium on legal challenges to decisions that fail to comply will apply until 1 October 2028
A Senate Committee reviewing the Climate Change Duty of Care Bill has recommended against passing the Bill (Greens and Senator David Pocock dissented, arguing that the Bill was needed). See the Duty of Care campaign for information about next steps.
Traditional owners of the site of the Adani mine launched legal action claiming the company is breaching their human rights by failing to prevent contamination of wetlands
