The appetite for climate change litigation is strong with Australia seeing the second highest number of climate change related cases after the US. Climate change litigation is widespread, with cases filed across six continents since 2020.
Litigants in this space have been increasingly creative bringing disputes ranging from human rights, challenges to development proposals and greenwashing claims (where companies make statements regarding climate commitments or misleading statements about the green credentials of their products).
Climate change cases have been directed at public and private companies as well as federal and local governments and broadly include:
- public law actions against governments and public authorities, raising human rights, constitutional and administrative law issues
- private law actions based in tort, nuisance, misrepresentation, fraud, planning, company law and arising out of statute.
At King & Wood Mallesons we help our clients to navigate the complex landscape of climate change with a focus on mitigating risk, whether it be responding to increased stakeholder pressure, growing operational risk from extreme weather events, managing market and reputational impact and mitigating increasing greenhouse gas emission liability.
We also have a comprehensive team of specialists who can support clients to navigate evolving regulatory requirements, manage transactional issues and provide advice on climate related issues.
Recent experience includes assisting:
- REST: a superannuation fund, in defending a claim brought by a fund member alleging that the fund violated the Corporations Act 2001 by failing to provide information related to climate change business risks and any plans to address those risks.
- Tuggerah Lakes residents: in preparation of a class action lawsuit against central coast council regarding the recent flood event that impacted residents of Tuggerah Lakes.
- Kyrgyz Republic: in defending UNCITRAL arbitration proceedings in relation to a US$100 million-plus claim by Canadian mining company Centerra Gold arising from environmental fees and penalties.
- Landowners: along Belongil Beach, Byron Bay, in their appeal to the Land & Environment Court regarding development applications to protect their properties from coastal hazards. The impacts of coastal erosion is a significant issue in NSW and an emerging area of climate change litigation, involving a complex interplay between private and public interests.
- UNICEF: on childrens' rights in the context of the environment across Vietnam, Cambodia, Fiji, Indonesia and Mongolia (on a pro bono basis).