NSW Environment Protection Authority Court Case
Our legal challenge to the Environmental Protection Authority
In 2021 Bushfire survivors took legal action to compel the New South Wales Environment Protection Authority (EPA) to address climate change.
In August of that year we were in The Land & Environment court in Sydney. The Environmental Defenders Office (EDO) represented a group of people from around the state, who have experienced first-hand the devastation caused by major bushfires – infernos made more likely and more intense by climate change.
After the worst bushfire season on record in 2019/20, Bushfire Survivors For Climate Action – used the law to ensure the authority tasked with protecting people and the environment does so effectively.
We launched the case to encourage – and if necessary compel – the EPA to develop policies and guidelines to regulate greenhouse gas emissions and ensure a safe climate.
Environmental Defenders Office (EDO) argued on behalf of BSCA that the EPA is not only explicitly empowered by its legislation to take strong action on climate by controlling the emission of greenhouse gases, it is also required to do this under its own laws.
The decision
In a landmark ruling The NSW Land and Environment Court found that the Environmental Protection Agency has a legal duty to take action on climate change. It was the first time that an Australian Court has ordered a government to take meaningful action on climate change.
In an important step, then NSW Treasurer Matt Kean announced that this ruling would not be challenged, which sets this standard as a new legal precedent.
As our lead environmental regulator, the EPA has the power to take immediate action on climate change, for example, by putting a price on carbon, or requiring industry to reduce emissions to safe levels through the licences. Now, the EPA has been ordered to take action.
NSW EPA announces groundbreaking Climate Change and Policy Plan
In a landmark ruling The NSW Land and Environment Court found that the Environmental Protection Agency has a legal duty to take action on climate change. It was the first time that an Australian Court has ordered a government to take meaningful action on climate change.
In an important step, then NSW Treasurer Matt Kean announced that this ruling would not be challenged, which sets this standard as a new legal precedent.
As our lead environmental regulator, the EPA has the power to take immediate action on climate change, for example, by putting a price on carbon, or requiring industry to reduce emissions to safe levels through the licences. Now, the EPA has been ordered to take action.
Fiona Lee,
Bushfire Survivor Member
“As a result of our case, the NSW EPA is now an environmental regulator with teeth. It has the power to regulate greenhouse gas emissions from industry and in doing so protect our communities and environment from ongoing extreme weather events driven by climate change.”
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