Are some judges being tempted into overstepping their roles in cases like this? If they are ‘calling climate scientists to testify’ as the report says, which climate scientists get invited? The ruling could yet be appealed.
An Australian court on Friday delivered a landmark ruling by rejecting plans to build a coal mine on the grounds it would worsen climate change, reports Phys.org.
Chief Justice Brian Preston said a planned open cut coal mine in a scenic part of New South Wales state would be in “the wrong place at the wrong time”.
The ruling by the New South Wales Land and Environment Court was notable for citing not only local impacts of building the proposed Gloucester Resources mine, but also secondary “climate change impacts” of the eventual use of the coal.
“It matters not that this aggregate of the Project’s GHG (greenhouse gas) emissions may represent a small fraction of the global total,” the justice said.
“Not every natural resource needs to be exploited.”
The case was unusual in referring to the 2015 Paris Agreement and United Nations Framework Convention on Climate Change and calling climate scientists to testify.
Will Steffen, a noted climatologist, told the court that Australia’s average surface temperature had increased one degree centigrade over the last century.
Baker & McKenzie’s global head of climate law, Martijn Wilder, said the decision reinforced the trend in legal judgements around the world that directly link fossil fuels and climate change.
via Tallbloke’s Talkshop
February 8, 2019 at 03:30AM