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Tag Archives: Legal Action

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19 September 2016, The Guardian, Adani Carmichael coalmine faces new legal challenge from conservation foundation. Foundation appeals against ruling that endorsed mine’s approval by the commonwealth. The Australian Conservation Foundation has renewed its legal challenge to Adani’s Carmichael mine, appealing against a federal court ruling that endorsed its approval by the commonwealth. The ACF on Monday lodged an appeal against last month’s decision, which found the then federal environment minister, Greg Hunt, was entitled to find the impact on global warming and the Great Barrier Reef from the Queensland mine’s 4.6bn tonnes of carbon emissions “speculative”. The president of the ACF, Geoff Cousins, said Australia’s national environment protection laws were “broken” if the minister could approve “a mega-polluting coalmine – the biggest in Australia’s history – and claim it will have no impact on the global warming and the reef”. “If our environment laws are too weak to actually protect Australia’s unique species and places, they effectively give companies like Adani a licence to kill,” Cousins said. “Be in no doubt, Adani’s Carmichael proposal is massive and will lock in decades of damaging climate pollution if it goes ahead, further wrecking the reef. “The science is clear that we can have coal or the reef – but we can’t have both.” Read More here

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30 August 2016, The Guardian, Victoria to permanently ban fracking and coal seam gas exploration. Activists and farmers hail decision after inquiry into onshore unconventional gas received 1,600 submissions. Victoria is to introduce a permanent ban on all onshore unconventional gas exploration, including fracking and coal seam gas, becoming the first Australian state to do so. The premier, Daniel Andrews, made the announcement on Tuesday morning and said legislation for the ban would be introduced later this year, making the current moratorium on unconventional gas exploration permanent. A parliamentary inquiry last year into onshore unconventional gas in Victoria received more than 1,600 submissions, most of them opposed to fracking and coal seam gas exploration. A statement from the Department of Premier and Cabinet said: “It is clear that the Victorian community has spoken. They simply don’t support fracking. “The government’s decision is based on the best available evidence and acknowledges that the risks involved outweigh any potential benefits to Victoria.” The government said the move would protect the reputation of Victoria’s agriculture sector, which employs more than 190,000 people; provide certainty to regional communities; and end anxiety felt by farmers about the environmental and health risks associated with fracking. Read More here

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29 August 2016, The Guardian, Greg Hunt’s approval of Adani’s Queensland mine upheld by federal court. Former environment minister entitled to find any assessment of resulting carbon pollution on the Great Barrier Reef was ‘speculative’, court says. The federal court has upheld the commonwealth approval of Adani’s Queensland mine, ruling that former environment minister Greg Hunt was entitled to find any assessment of resulting carbon pollution on the Great Barrier Reef was “speculative”. The court on Monday dismissed a challenge by the Australian Conservation Foundation (ACF), which claimed Hunt failed to consider the impacts of the mine’s 4.6bn tonnes of emissions on the world heritage values of the reef. The ruling prompted the ACF to call for tougher national environment laws to tackle carbon pollution from coalmines, while flagging hopes that Hunt’s successor, Josh Frydenberg, would take a “fresh look” at the Carmichael mine. The Queensland resources council accused the ACF of running a “nonsense case” that was akin to holding the Saudi Arabian government responsible for emissions from Australian cars running on their oil. Read more here

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25 August 2016, DESMOG, Landmark Climate Bill Passed By California Legislature. After an intense lobbying spree and threats from Governor Jerry Brown to take the measure directly to voters via ballot initiative should it fail to pass, Senate Bill 32 (SB 32) was approved by the California legislature yesterday. When it is signed into law by Brown, SB 32 will extend the climate targets adopted by the state under Assembly Bill 32 (AB32), the Global Warming Solutions Act of 2006, which required California to reduce greenhouse gas emissions to 1990 levels by 2020. The state is well on pace to meet the emissions targets set by AB 32, which is credited with having spurred developments that contributed $48 billion to California’s economy over the past 10 years while creating a half million jobs.SB 32 — together with a second bill that the state legislature just passed and Brown plans to sign, Assembly Bill 197 (AB 197) — will require the state to slash emissions to 40 percent below 1990 levels by 2030, as well as to create a committee to oversee California’s climate programs. The measures will also “prod regulators to take stronger action to cut pollution from refineries and other facilities,” especially in low-income and minority communities, according to the LA Times. “Yesterday, big oil bought a full-page ad in the capital city’s newspaper of record to halt action on climate,” Brown noted. “Today, the Assembly Speaker, most Democrats and one brave Republican passed SB 32, rejecting the brazen deception of the oil lobby and their Trump-inspired allies who deny science and fight every reasonable effort to curb global warming. I look forward to signing this bill — and AB 197 — when they land on my desk.”  Diane Regas, Executive Director of the Environmental Defense Fund, said that the state of California, in passing the bills, had extended its climate leadership position for another generation. “As major economies work under the Paris Agreement to strengthen their plans to cut pollution and boost clean energy, California, once again, is setting a new standard for climate leadership worldwide,” she said in a statement. Read more here

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