Country
Australia
Date of text
Status
Decided
Sources
Sabin Center
Court name
Federal Court of Australia
Reference number
[2008] FCA 670
Tagging
Climate Change
Abstract

An Australian federal court upheld a federal agency decision to exclude certain environmental assessments in approving a desalination plant proposal. A community organization asserted that the agency failed to consider linkages between additional GHG emissions and potential adverse impacts on matters protected by the Environmental Protection and Biodiversity Conservation Act 1999 (EPBC Act). The federal court held that the agency had considered (and dismissed) the impact of GHG emissions on matters protected by the BPBC Act, and had thus acted in accordance with the requirements of the Act.

Key environmental legal questions

Challenge to federal agency decision to exclude certain environmental assessments in approving a desalination plant proposal