Guest Post: Trusted partner to the Pacific, or giant fossil fuel exporter? This week, Australia chose the latter

The International Court of Justice International Court of Justice , CC BY-NC-ND

Wesley Morgan, UNSW Sydney and Liam Moore, James Cook University

Australia has long tried to be two things at once – a trusted friend to Pacific nations in a bid to reduce China’s influence, and a giant exporter of fossil fuels. This diplomatic tightrope has become increasingly hard to walk, as Pacific nations see climate change as an existential threat.

This week, Australia’s government was forced to make a choice in a very public forum. It chose fossil fuels.

Disappointed by the slow pace of United Nations climate talks, Vanuatu and other Pacific nations launched a case at the International Court of Justice in the Netherlands to clarify the obligations countries have to prevent harm to the Earth’s climate system for current and future generations.

While international climate negotiations are often conducted behind closed doors, this case is being broadcast in public. We can clearly see the arguments Australia has laid out and the countries it has aligned itself with.

In the courtroom on Monday, Australia sided with major emitters and fossil fuel exporters such as Saudi Arabia, the United States and China to try and minimise their legal liability in contributing to climate change.

Guest Post: Australia violated the rights of Torres Strait Islanders by failing to act on climate change, the UN says. Here’s what that means

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Guest post by Kristen Lyons, The University of Queensland via the Conversation.

In a landmark decision, a United Nations committee on Friday found Australia’s former Coalition government violated the human rights of Torres Strait Islanders by failing to adequately respond to the climate crisis.

The Torres Strait Islanders ‘Group of Eight’ claimed Australia failed to take measures such as reducing greenhouse gas emissions and upgrading seawalls on the islands. The UN upheld the complaint and said the claimants should be compensated.

This decision is a breakthrough in Indigenous rights and climate justice, including by opening up new pathways for Indigenous communities – who are often on the frontline of the climate crisis – to defend their rights.

Climate consideration case not to be appealed to High Court, but Students vow to keep pushing for climate action

Young people shouldn't have needed to take a case to the Federal court in the first place for consideration of their future in approval of new fossil fuel projects. Our Liberal National Party Government are climate criminals by approving such projects without regard to present and future generations.

FOR IMMEDIATE RELEASE

"They will not forget our names": no appeal, but a vow to keep pushing for climate action

SYDNEY, APRIL 12, 2022:

We should never have needed to file this case in the first place. No new coal mines should be approved. The result is harm to children and the planet. Our case dealt with a duty of care that should exist between two parties when the actions of one will impact the other, and politicians, as per their job description, should owe a duty of care to wider society. This is why we elect them. They should be of sufficient competence to realise the seriousness of climate change and the future harm it will cause to children through worsening extreme weather, and to take action to reduce carbon emissions, without this being forced upon them through a court case.

This is not something that should be fought for by children in an institution like the Federal Court. Children should be able to be children without having such a deep concern about their futures. However, having tried every other avenue available to us, including asking, striking from school and protesting, we took on this legal sparring match nonetheless. And initially, we won.

Maldives applies for crime of ecocide to be added to International Criminal Court jurisdiction

The Maldives has applied to the International Criminal Court at The Hague for the crime of ecocide to be added to it's jurisdiction. This comes as negotiators meet at the UN Climate Conference in Madrid Spain at COP25. Read more background at the Ecocide Law website.

Kids win: US #climate court case moves forward

The Our Children's Trust climate court case against the US President, US Government and Fossil Fuel Industry has passed another hurdle with Federal Judge Ann Aiken rejecting U.S. government and fossil fuel industries motions to dismiss.

Evidence mounts for litigation of major Carbon polluters with climate change

The world is moving rapidly on withdrawing the social licence of carbon polluters. As the impacts of climate change become clearer and the urgency for rapid action impresses itself on the public psyche in the lead up to the Paris climate talks in December 2015, the major carbon polluters will increasingly find it more difficult to operate with social support.

The longer these fossil fuel companies delay making amends for the damages their businesses have already caused and will cause in the future, the more culpable they will become.

Up until relatively recently, responsibility for addressing climate change has largely been seen as the role of the Governments of nation states and the necessary multi-lateral action through the United Nations Framework Convention on Climate Change to regulate carbon pollution. But action through the UNFCCC has been extremely slow, often hindered by corporate lobbying and voting block interests.

But recent research by Heede (2014) has shown that individual investor or state owned corporations are responsible for a substantial majority of greenhouse gas pollution causing climate change. Heede's landmark paper was on Tracing anthropogenic carbon dioxide and methane emissions to fossil fuel and cement producers, 1854-2010.

USA: Teens win interim lawsuit in climate change case in Washington State

On Tuesday in Washington State King County Superior Court Judge Hollis Hill issued a judgement ordering the Washington Department of Ecology to reconsider a citzen petition on rulemaking for greenhouse gas reductions according to the best available science.

The petition (PDF) was brought by eight children and their legal guardians for a Department rule to recommend to the State Legislature an effective emissions reduction trajectory that is based on best available climate science, and will achieve safe atmospheric concentrations of carbon dioxide by 2100.

The petition for rule making was lodged with the Ecology Department in June 2014, but was denied by the Department in August 2014, which provided no argument disputing the scientific arguments in the children's petition. The Children lodged an appeal which was heard by Judge Hollis.

Their petition recommended that Washington’s minimum statewide greenhouse gas emissions limits should be updated according to the best available climate science for climate recovery to achieve a four percent annual reduction in overall carbon dioxide emissions in the state so that a target of 31 per cent reduction is achieved by 2020, 62 percent reduction by 2035, and 80 percent reduction by 2050.

Pacific Island Nations threaten legal action against major climate polluters

The Pacific Declaration for climate Justice signed by several Pacific Nations on June 8, 2015, threatens legal action to recover damages against major climate polluters.

Developed nations and corporations that have contributed substantially to greenhouse gases and carbon pollution enhancing climate change impacts may be subjected to litigation brought by Pacific Island Nations.

Forty representatives of several Pacific Island Nations gathered in early June on the azure waters of Port Vila, Vanuatu, on board the Greenpeace vessel, Rainbow Warrior. They were attending a Human Rights and Climate Justice Workshop.

President of Vanuatu, Baldwin Londsdale, and representatives from Tuvalu, Kiribati, Fiji and Solomon Islands met and signed a declaration seeking "climate justice". They were joined by representatives from the Philippines, including former national climate negotiator Mr. Naderev “Yeb” Saño and the Mayor of Dolores, Samar, Mrs. Emiliana Villacarillo.

"It is now more important than ever before that we stand united as affected communities in the face of climate change, rising sea-levels and changing weather patterns. Let us continue to stand and work together in our fight against the threats of climate change," said Vanuatu President, H.E Baldwin Lonsdale.

The declaration for climate justice declared

"We commit to holding those most responsible for climate change accountable. By doing so, we send a message of hope that the people and not the polluters are in charge of humanity’s destiny. We commit to bring a case that would investigate the human rights implications of climate change and hold the big carbon polluters accountable to appropriate international bodies or processes."

Dutch Court orders Netherlands Government cut CO2 emissions by 25 percent by 2020

A Dutch court in a landmark legal case has just handed down a verdict that the Netherlands Government has the legal duty to take measures against #climate change. Further, the court ordered that a 25% reduction of CO2 emissions, based on 1990 levels, must be accomplished by 2020 by the Dutch government in accordance with IPCC scientific recommendations for industrial countries.

The Urgenda Foundation filed a lawsuit against the Dutch Government for not taking sufficient measures to reduce greenhouse gas emissions that cause dangerous climate change. According to the Urgenda website, it "is the first case in Europe in which citizens attempt to hold a state responsible for its potentially devastating inaction. It is also the first case in the world in which human rights are used as a legal basis to protect citizens against climate change."

More Reports: The Guardian | RTCC | New York Times | BBC

Xstrata Ulan coal mine expansion required to offset greenhouse gas emissions

In a landmark judgement concerning climate change, a judge in the NSW Land and Environment Court has given approval for the expansion of the Xstrata Ulan coal mine near Mudgee in Central western New South Wales, but conditional on the mine offsetting all of its greenhouse gas emissions generated in mining the coal.

The Hunter Environmental Lobby brought an appeal against the $1.2 Billion Ulan West project based upon it's long term impact of exacerbating global anthropogenic climate change, as well as damage to groundwater systems and clearing of critically endangered vegetation communities. The mine expansion proposal includes a 239 hectare open cut mine and approximately 25 square kilometres of additional longwall mining. The environment group were represented by The Environment Defenders Office. (See June 2011 article - Legal Challenge to Xstrata Ulan Coal mine expansion)

In delivering her judgement on the landmark case on Thursday 24 November, Justice Nicola Pain invited the NSW Minister for Planning, Ulan Coal and Hunter Environment Lobby to come to agreement on several environment conditions in the Ulan West project. The Nature Conservation Council of NSW has welcomed the decision saying that this is a landmark legal precedent for coal mines required to offset greenhouse pollution.

Judge rules in favour of Hunter Valley coal protesters

Charges were dismissed against 49 climate activists under a section 10 ruling by an East Maitland Court magistrate yesterday. The protesters had committed non-violent civil disobedience at a climate camp against a new coal fired power station being built in the Hunter Valley in December 2010. The section 10 ruling means they have no conviction recorded, no criminal record and their fines dropped.

Legal Challenge to Xstrata Ulan Coal mine expansion

An expansion of the Xstrata owned Ulan coal mine near Mudgee in the upper Hunter Valley of New South Wales is being challenged partly based upon it's long term impact of exacerbating global anthropogenic climate change.

Xstrata has applied for a doubling in coal production to 20MT/annum and a 21 year lease but is being challenged in the NSW Land and Environment Court by the Hunter Environment Lobby with assistance from the Environmental Defenders Office. The appeal was lodged in January 2011 citing that the former NSW Government approved the Part 3A development without conducting a Planning Assessment Commission to independently assess the effect of the mine expansion.

Update: 8 Dec 2011 - Xstrata Ulan coal mine expansion required to offset greenhouse gas emissions

Activists opposing coal seam gas appear in Brisbane court

Two activists who unfurled a banner off the roof of the Quennsland Parliament House opposing coal seam gas are to appear in Brisbane Magistrate's Court today (December 20). Dr Bradley Smith (27) and Dhruva Horsfall (21), from Friends of the Earth were able to access the roof and unfurl a banner from the Parliament House facade that said "Don't undermine our farms" to the cheers of Farmers and conservations protesting against new coal mines and Coal Seam Gas expansion.

Smith and Horsfall are both charged with engaging in an unregulated high-risk activity and failure to comply with the direction of the speaker of the house and face up to $6000 in fines or 1 year imprisonment.

Punishing the people who stand up for the common good

"It's a tragedy that the people who are responsible for the climate catastrophe get rewarded, while the people standing up for the common good get punished." said Greenpeace activist Kristen McDonald after leaving a Mackay courtroom this week. She was one of fifteen Greenpeace activists convicted and fined on charges of Unregulated High Risk Activity and other charges during a three day occupation in August 2009 of the Abbot and Hay Point coal terminals near Bowen, Queensland.

The majority had no conviction recorded, and fines ranged from $300 to $750. According to Greenpeace, the judge acknowledged that the activists' views were genuinely held, but said he was 'miffed' that the activists tried to highlight the issue, because 'the public is already well aware of the issue' and that our views are 'held by the majority of the community'.

Outside the court Greenpeace Australia Pacific's CEO Linda Selvey told reporters that the future of Queensland and the environment is being sacrificed for the short term profits of the coal industry and that the public concern on climate has not been translated into strong leadership by Governments on this issue. "While we continue to expand our coal industry in Australia and continue to increase our carbon dioxide emissions, Greenpeace will continue to take action," she said.

The charges against the Esperanza captain, Vladimir Votiacov, will be heard in Mackay Magistrate's Court in May 2010, for failing to comply with Harbour Master's direction, for navigating a ship in a pilotage area without a pilot and operation of a ship which endangers safety. The piloting of the Esperanza into the coal loader area effectively blocked all access by waiting bulk carriers.

The three day coal blockade occurred at Abbot Point and Hay Point coal loaders, near Bowen, Queensland from 4th to 6th August 2009 and involved the Greenpeace ship MV Esperanza. Hay Point is one of the world's largest coal export terminals. About 30 per cent of export coal originates from Australia.

"I can see more than 12 coal ships waiting to load coal behind me. There are mountains of coal. It is a bit overwhelming - tonnes and tonnes of it. Eveything I see here means to me that there's one more family that will be affected, one more child that won't have the future they deserve." said Fenton, a Fijian activist speaking while locked onto the Hay Point coal loader.

It is estimated the three day blockade may have cost BHP Billiton Mitsubishi Alliance who own and operate the coal port up to $20million in lost productivity, and a loss of about $1.5 million in revenue in the form of coal royalties to the Queensland Government.

See photos of the action from August 2009 on Greenpeace Australia Pacific Blog.

Images Copyright Greenpeace

Bayswater carbon pollution under legal challenge by NSW climate activists

Two members of Newcastle climate protest group Rising Tide are challenging in the NSW Land and Environment Court the amount of carbon pollution emissions allowed by the coal fired Bayswater Power Station owned by Macquarie Generation. Macquarie Generation produces 12 to 15 million tonnes of carbon dioxide pollution every year.

Rising Tide members Peter Gray and Naomi Hodgson launched the action against the Bayswater Power Station in July 2009.

Coal protestors appealing damages order over Brisbane climate direct action

Two climate protesters were sentenced today in Brisbane and ordered to pay damages of over $3000 to Queensland Bulk Handling Corporation after a protest at the Brisbane coal port in October where they halted coal loading and had to be cut free of port infrastructure.

The protesters, Steve Skitmore (22) and Nathan Elvery (19) from Six Degrees Coal and Climate Campaign pled guilty to charges of trespass and obstructing a police officer and received $300 fines and good behavior bonds. The original damages claim was over $10,000, which the magistrate found "perplexing" and reduced the damages to $3000.

"The QLD government is neglecting to protect the futures of every day Queenslanders by not phasing out the coal industry. When the coal mining companies have so much power in the halls of parliament, the only way to expose the truth here was through civil disobedience" Said Mr Elvery

"Premier Bligh is contradicting every promise she makes to us that she is protecting our futures," Mr Skitmore said.

The pair plan to appeal the compensation order, believing the claim is unfounded and inflated, and merely a tactic to dissuade further climate change protests at a time when they are most needed.

The October protest involved more than 20 people, many in kayaks and canoes who attempted to blockade a coal ship from departing - see Climate Change Kayakers Blockade Coal Ship.

While Newcastle, New South Wales is the largest coal port in the world, Queensland is the largest coal exporting state in the largest coal exporting country in the world.

You can donate via paypal to to help pay these fines and eventually the damages if their appeal fails. See the Six Degrees page: Six Degrees protesters ordered to pay thousands