Bushfire Survivors for Climate Action Incorporated v Environment Protection Authority
Jurisdiction: Land and Environment Court
Side A: Bushfire Survivors for Climate Action (Ngo)
Side B: New South Wales Environment Protection Authority (Government)
Bush fire victims sought to compel greenhouse gas regulation
On April 20, 2020, Bushfire Survivors for Climate Action brought a civil enforcement proceeding to compel the New South Wales Environmental Protection Authority to regulate greenhouse gas emissions. The plaintiffs, represented by the New South Wales Environmental Defenders Office, are Australians who allege that they have been harmed by bush fires made likely or more intense by climate change. According to news reports, the case was brought under the New South Wales Protection of the Environment Operations Act 1997, which requires the Environmental Protection Authority to “develop environmental quality objectives, guidelines and policies to ensure environment protection." The summons alleges that, although the New South Wales Climate Change Policy framework endorses the Paris Agreement and contains an aspirational long-term objective to achieve net zero emissions by 2050, the New South Wales Environmental Protection Authority has failed to develop guidelines or a policy to regulate greenhouse gases consistent with limiting global temperature rise to 1.5 degrees Celsius.
On June 4 the respondent filed its points of defense, asserting that it has complied with its duty by developing guidelines and policies from time to time to address greenhouse gas emissions.