US Edition
Indigenous Australians Lose Climate Change Case Against Government
TORRES STRAIT ISLANDS, AUSTRALIA, JUL 14 – Federal Court found no legal obligation for the Australian government to protect Torres Strait Islanders despite sea levels rising nearly three times faster than the global average, affecting 4,000 residents.
- On Tuesday, Federal Court Justice Michael Wigney dismissed the landmark class action by Torres Strait Islanders, finding the government not obliged to shield the islands from climate change.
- The lawsuit began in 2021 when traditional owners Uncle Pabai Pabai and Uncle Paul Kabai launched, arguing some islands would become uninhabitable above 1.5°C and seeking deeper emission cuts to prevent climate refugees.
- The court warned that without decisive global action, entire Torres Strait Island communities could be displaced, citing sea levels rising almost three times faster than the global average, acknowledged by Justice Michael Wigney.
- Justice Michael Wigney wrote that a climate duty of care cannot be imposed as it involves core government policy, and he said the claim failed not due to merit but because negligence law offers no clear avenue for relief.
- The outcome highlights the need for innovative law reform to better protect climate-vulnerable communities, as plaintiffs supported by the Grata Fund consider an appeal.
79 Articles
79 Articles
Government not responsible: Indigenous people threatened by rising sea levels flash off in federal court.
I met with the Torres Strait Islander elders who lost their landmark climate case. They won't give up
Uncle Paul Kabai and Uncle Pabai Pabai, two brothers-in-law, are exemplars of the extraordinary commitment of ordinary people pursuing climate justice. The post I met with the Torres Strait Islander elders who lost their landmark climate case. They won’t give up appeared first on Crikey.
The Conversation
lsj.com.auFederal Court rules Australian government doesn’t have a duty of care to protect Torres Strait Islanders from climate change
Two Traditional Owners from the Torres Strait Islands who took the Australian government to court over climate-related harms have lost their case.
Court Finds Government Does Not Have Climate Duty of Care
An Australian class action brought by two Torres Strait Islander leaders against the federal government over climate inaction has been dismissed by the Federal Court. Traditional owners Uncle Pabai Pabai of Boigu Island and Uncle Paul Kabai of Saibai Island launched the case in 2021, arguing that successive governments had breached a duty of care by failing to act on climate science, putting their islands, culture and future at risk. While Justi…
Coverage Details
Bias Distribution
- 38% of the sources lean Left, 38% of the sources are Center
Factuality
To view factuality data please Upgrade to Premium
