Shaping the 'Next Generation' of Climate Change Litigation in Australia

Abstract

Recent international developments - including the conclusion and entry into force of the Paris Agreement and the high-profile Urgenda case, in which the Dutch government was sued over its inadequate targets for reducing emissions of greenhouse gases - have sparked interest in the possibilities for exploring new avenues of strategic climate change litigation in Australia. Australia already has a substantial body of decided climate change cases. To date, most have involved administrative challenges to projects under environmental laws in order to have climate change impacts taken into account. While this 'first generation' of cases has achieved significant results, there is increasing interest..