PLEA Network

19 November 2015, The Conversation, We quibble over ‘lawfare’, but the law is not protecting species properly anyway. The federal government is set to go ahead with its crackdown on environmental “lawfare”, which would restrict green groups’ legal standing to challenge mining approvals and other developments. The Senate Standing Committee on Environment and Communications yesterday endorsed the proposed changes to the Environment Protection and Biodiversity Conservation Act, citing the “costs to proponents and consequences for economic activity when major development projects are delayed by judicial review”. The move was first announced in August, in the wake of a successful Federal Court challenge to the approval of the planned Adani mine in Queensland (since reapproved). At the time, Attorney General George Brandis described such litigationas “vigilante” action by “radical green activists”, while agriculture minister Barnaby Joyce added in an ABC radio interview that the only people who should have standing to challenge mine proposals are those nearby who might be affected by dust, noise or water contamination. But by seeking to limit who has the right to appeal its decisions, the government misunderstands the purpose of environmental legislation. The amendments not only go against the progressive development of environmental law worldwide, which has helped to make approvals more open to public scrutiny, but they are also a grave injustice to nature itself. Read More here