Australian Government Does Not Have Legal Duty of Care on Climate Risk, Says Federal Court

Eight high school students and their 87-year-old litigation representative, Sister Brigid Arthur stand outside the NSW Federal Court in Sydney, Australia, on March 15, 2022. The Federal Court full bench is set to rule on a finding that the Australian government has a duty of care to protect children against climate change. AAP Image/Dean Lewins

The Australian government has no legal obligation to protect individuals from supposed harm from risks from climate change, the Federal Court of Australia has ruled.

On March 15, the full bench of the court overturned an earlier decision that recognised that Environment Minister Sussan Ley had to consider the potential harm from climate change when deciding whether to hand out mining leases.