Australian teens tackle coal mining in class action
A class action against a coal mine extension that begins today could make it more difficult for coal mines to be approved in Australia on the basis of intergenerational equity and climate change, if the claimants prove successful.
The landmark claim, by a group of eight teenagers from across Australia, begins today in Melbourne’s Federal Court and is expected to last for five days, but a judgment may not be made for several months.
The students argue that Australia’s environment minister, Susan Ley, has a duty of care to protect them from climate change and the expansion of Whitehaven Coal’s Vickery coal mine in New South Wales state will contribute to climate change and endanger their future.
“In the community, there is an expectation that big coal mines like this do get approved at federal level and that is precisely the reason we are concerned,” principal David Barnden of Equity Generation Lawyers said.
“This is about emissions and the contribution to climate change, and harm to people who are children today.”
Ley’s office did not immediately respond to a request for comment, but she told local media she was unable to comment while a court case was under way.
The Vickery open-cut coal mine would produce mostly metallurgical coal for steelmaking as well as some higher grade thermal coal and is waiting on final approval from the minister.
It would create 450 ongoing jobs during operations with a net A$1.2-billion (R14bn) state economic benefit, Whitehaven estimates.
“Our position in relation to the litigation ... is that the legal claim has no merit and should be dismissed,” MD and CEO Paul Flynn said in a statement.
“As the Australian economy starts to recover from the impacts of Covid-19, it is vital that major employment-generating investments in the economy are not delayed by legal claims that have no substance.”
Coal is Australia’s secondmost valuable resource export, worth an estimated A$37bn (R431bn) in the financial year to June, government figures show.