What are the legal and economic issues that arise when trying to enforce a duty of care to future generations?
Cameron and Jonathan discuss the legal and economic questions arising from the Private Senators Bill by David Pocock intending to “legislate a positive duty of care, creating a requirement for politicians and policy makers to consider the impact of climate harm on young people and future generations.”
This comes on the back of a 2022 Federal Court of Australia ruling in the appealed case of Minister for the Environment v Sharma, which found against such a duty.
This case was brought by “eight brave children led by Anj Sharma (with the assistance of 86 year-old litigation guardian Sister Brigid Arthur), against the Federal Minister for the Environment to protect young people from the future harm caused by the climate change impacts of a proposed coal mine extension project in NSW known as the Vickery Extension Project.”
Read about that court case here.
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