The Australian Government has appealed against the latest judgment in the Shama v Minister for the Environment litigation. But much of the key ground has already been conceded in favour of fantastical climate change alarmism. The result is utterly bonkers.
The case arises out of a coal mine in New South Wales, for which approval was granted some time ago. The owners of the mine applied for permission to extend the mine, so as to increase coal production from 135 to 168 million tonnes. The legal case was brought on behalf of all children residing everywhere in the world (the applicants did not stint themselves here), seeking an injunction to stop the extension project, on the basis that it would expose them to hazards including “more, longer and more intense bushfires, storm surges, coastal flooding, inland flooding, cyclones and other extreme weather events”.
There have been two decisions so far, both by Bromberg J in the Federal Court of Australia. In the first, decided in May of this year[1], an injunction was refused. In the second, decided in July[2], the court made a declaration that the government was under a duty to children resident in Australia[3] in relation to carbon dioxide emissions, and ordered the government to pay all of the applicant’s costs. What is remarkable is not so much these outcomes themselves, but rather the findings of fact, substantially based on concessions by the Government. The applicants filed substantial evidence, in essence asserting that climate change caused by carbon dioxide emissions will cause catastrophic personal injury and death to children. Extraordinarily, the Government filed no evidence at all. It was a turkey shoot, and unsurprising, therefore, that the applicant’s evidence was accepted, the judge saying in the first case:
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The closed box approach acknowledges we do not know what has gone into their models; our only source of knowledge is the outputs. Despite manipulation of data, cherry picking and outright falsities repeatedly pumped out by the alarmists, the overall picture is undeniable. There has not been any runaway global warming. For sure, some parts of the globe have got a bit warmer. But others have got colder (like the Southern hemisphere, now 0.3 degrees colder than it was 40 years ago. But hey! New York has got a bit warmer, so that is all right then).




