Climate change litigation in Queensland: a case study in incrementalism (original) (raw)

Environmental and planning law journal, 2016

Abstract

Queensland’s Land Court has been the forum for several major challenges to coal mine proposals on the basis of their contribution to climate change. Although none of these challenges have succeeded in outright refusal of the project, incremental progress has occurred, including findings that: climate change science is accepted; Scope 3 emissions are relevant, and are linked to climate change; single projects are significant; and emissions must be assessed on a cumulative basis. These challenges have also resulted in clarification of costs rules, and conditions imposed on projects to address other crucial environmental impacts. This article will trace this incremental development through these cases, and identify the final barriers remaining to a successful challenge to a mine on climate change grounds in Queensland

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