Welcome to our October newsletter.

It has been an extraordinary few months in climate law, with some highs including a win for climate in Australia’s highest court, as well as lows including the ongoing approval of new and expanded fossil fuel projects around the country. Both state and federal governments are actively reforming climate-related legislation, while Australia’s role in the fossil fuel supply chain continues to be scrutinised on the international stage, including by our Pacific neighbours.

Of course, all of this takes place against the backdrop of increasingly catastrophic weather, from a sweltering European summer to the devastating floods in Nepal. With the Pacific pre-COP meetings now over, and countries gearing up for COP31 at the end of the year (co-hosted by Australia), it’s more important than ever to centre climate justice in our work.

Climate law updates

Earlier this month the High Court of Australia ruled in favour of a Hunter Valley community group, the Denman Aberdeen Muswellbrook Scone Healthy Environment Group (DAMSHEG), in the first climate case ever to be heard in the High Court of Australia. It was a close victory for the climate, with the High Court split 3:2. The case concerned downstream (scope 3) GHG emissions from burning the coal produced by a proposed 22-year coal mine expansion by MACH Energy’s Mount Pleasant coal mine. These account for 98% of GHG emissions from the coal mine but occur overseas when the coal is exported and burnt. Under international GHG reporting rules, they are reported by the country in which the emissions occur. All five judges agreed international GHG accounting rules do not limit the assessment required by the Environmental Planning and Assessment Act 1979 (NSW) and the impacts of scope 3 emissions must be considered when assessing a mine under it. The three judges in the majority found that a further requirement to consider imposing conditions to minimise to the greatest extent practicable those emissions had not been properly considered. There are good overviews of the legal issues here and here. Congratulations to the brave plaintiffs, and to their legal team at Johnson Legal. 

Also in NSW - in worse news for the climate - last month the Hunter Valley Operations (HVO) Continuation Project was approved. This is the biggest coalmine project to go before the independent planner, allowing mining to continue until 2045, and potentially jeopardising the state’s ability to meet its own climate targets. LCJA extends solidarity to everyone engaged in campaigning around the project.

Finally, there are some important reform processes happening now that LCJA members are engaged in. At the state level, the Queensland Government is moving forward with legislation which could significantly restrict the rights of communities to be heard in relation to proposed mining activities. This is a deeply concerning development, which Environmental Defenders Office has written about here. 

At the national level, the Federal Government has recently closed consultation on changes to the Safeguard Mechanism, the country’s main emission-reduction mechanism for big polluters. It’s crucial to get these reforms right, and to ensure a genuine, long-term emissions reduction trajectory for our big industrial polluters (including coal and gas producers). We will be watching the process with interest.

El Niño in 2026 - using law to protect people at risk of extreme heat

As summer approaches, Australia will soon experience the impacts of a super El Niño. Meteorologists confirm that we can expect an early and longer fire season, below average rainfall and exceedingly hot temperatures this summer. The El Niño weather pattern, which occurs every 3 to 4 years, will provide Australia with a glimpse of our climate crisis-altered future. Extreme heat disproportionately affects people living in poverty, renters, the unhoused, the very young and very old, people with chronic physical and mental health conditions, and pregnant women.

It is essential that legal protections are in place to mitigate the worst effects of extreme heat. Litigation, like the case filed against the Northern Territory government to redress deficient public housing in remote Northern Territory communities, is a great example of climate justice legal work that could bring genuine improvements for Aboriginal tenants living in social housing. In the community of Papunya, whose public housing residents’ experiences form the basis of the legal action, households regularly endure 40 plus degree days, often with ineffective air-conditioning, concrete walls that absorb and radiate heat, and lack of shade on windows. This is an important climate adaptation legal case that we are excited to follow as the litigation progresses. 

Hard Truths Case: challenging Australia’s coal and gas exports

Ten inspiring Australians have brought the Hard Truths case before the United Nations Human Rights Committee. They argue that the Australian Government’s continued approval and support of coal and gas exports fails to protect people from foreseeable climate harm, breaching rights to life, family and home, and First Nations peoples’ rights to practise culture. Represented by Environmental Justice Australia, the Human Rights Law Centre and Earthjustice, they are seeking a plan to reduce emissions from fossil fuel exports and a pause on approvals for export projects until that plan is in place. The case challenges Australia’s responsibility for climate harm linked to its coal and gas, even when burned overseas.

Read more about the case. 

Stay tuned: Something big is coming…

Our friends at Law Students for Climate Accountability Australia (LSCAA) are close to launching their Australian Law Firm Climate Action Scorecard and accompanying report. This work, mirroring work undertaken by the US LSCA, ranks Australian law firms' role in mitigating or exacerbating the climate crisis, by analysing the climate-related litigation and transactional work that they perform. LSCAA Co-Author, Oscar Davison says, 'while other sectors of the economy are taking a close look at their own contributions to climate change; the legal profession has lagged behind. As law students, we're taught to see our job as impartial administrators of the law. This approach risks neglecting the critical role that legal advice can play in maintaining worsening the climate crisis, or supporting a sustainable future. We hope that the profession and law students can critically engage with this work, and begin to have difficult conversations about the complicity of legal practice in the climate crisis.' LCJA is providing supervision, mentorship, and support for the students as they finalise this work. Keep an eye out for this groundbreaking piece of climate accountability—you won't want to miss it.

Would you like to write about climate justice?

LCJA is on the hunt for member stories from lawyers working in diverse sectors about their efforts to support climate justice. Have you worked on climate cases, engaged in law reform, or have a climate-related story to tell? Do you work in renewable energy, or are you a law student involved in climate volunteering? This is a callout for any members who would like to contribute by writing an upcoming blog post. Email us at contact@lawyersforclimatejustice.org - your ideas will help grow our community.

Are you a law student LCJA member?

The team at Law Students for Climate Accountability Australia are keen to invite any LCJA student members to volunteer on future Law Firm Scorecards on Climate Action. If you’re interested getting involved, developing your legal research skills, and contributing to climate justice in the legal profession, please email us at contact@lawyersforclimatejustice.org and we will connect you.

Help us grow our Instagram community! 

Thanks to our fantastic volunteers, our Instagram community is growing! We’ve just surpassed 110 followers, and we’re excited to keep building momentum.

If you haven’t already, we’d love you to follow our profile, like and comment on our posts, save useful content, repost to your story and share with friends to help grow our online presence.

Thank you to everyone who has joined this growing community of people who care about legal climate justice!

Get involved

Spread the word about LCJA across your legal networks. 

We welcome lawyers of all hues to help grow our movement. If you are attending a legal conference or industry event in 2027, and you would like to ‘fly the flag’ for LCJA, your support is valuable and welcome. To get in touch or ask any questions, please email us at contact@lawyersforclimatejustice.org