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Compelled by the Court to Act on Climate Change: Bushfire Survivors for Climate Action Incorporated v Environment Protection Authority [2021] NSWLEC 92

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  • Laura Schuijers

Abstract

This analysis considers Bushfire Survivors for Climate Action Incorporated v Environment Protection Authority [2021] NSWLEC 92, in which an Australian environment protection authority was issued a mandamus to compel it to perform a public duty to develop instruments to ensure the protection of the environment from climate change. Brought by a group of climate activists affected by bushfire, it is the first successful action-forcing case of its kind in Australia. Cases that seek to fill the gaps in domestic governance regimes via the courts raise the issue of the role of the courts in advancing climate policy. They also demonstrate the importance of the rule of law, and the right of citizens to enforce the law against the government where it has lagged. In this article, I provide an overview of the case in light of these aspects, and additionally consider the role that climate science played in the courtroom.

Suggested Citation

  • Laura Schuijers, 2022. "Compelled by the Court to Act on Climate Change: Bushfire Survivors for Climate Action Incorporated v Environment Protection Authority [2021] NSWLEC 92," Journal of Environmental Law, Oxford University Press, vol. 34(1), pages 223-232.
    • Handle: RePEc:oup:envlaw:v:34:y:2022:i:1:p:223-232.
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    File URL: http://hdl.handle.net/10.1093/jel/eqab045
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