Mordecai Bromberg wiser than the Supreme Court

The lower court decision had shaken the fossil fuel industry with its finding in favour of the eight children and their litigation guardian, an octogenarian nun. Justice Bromberg found that considering the potential harm arising from carbon dioxide emissions was a mandatory consideration of the Environment Protection and Biodiversity Conservation Act. The Minister for the Environment also had a duty of care given that it was reasonably foreseeable that the Australian children would face a risk of harm in extending the mine project. Furthermore, the Minister had control over that risk, given that she could approve the extension, and that the children were vulnerable to a real risk of harm arising from climatic threats.

Source: Climate Change Litigation: The Montana Precedent – » The Australian Independent Media Network