Climate Change Litigation Update
As global climate change litigation rises understand the risks posed by climate litigation, including reputational risk and directors’ liability, as well as the impact of changes in government policy. Split into 3 parts you will cover regulatory actions, private actions including greenwashing, and finally torts and human rights actions. This comprehensive program will help you to identify and manage litigation risks in the journey to net zero. WEB232N14Z
Description
Attend and earn 4 CPD units in Substantive Law
This program is applicable to practitioners from all States & Territories
Chair: Dr Rosemary Sainty, UTS School of Business, Founding Australian Representative to the UN Global Compact
OVERVIEW OF CLIMATE LITIGATION TRENDS
9.00am to 9.30am Global and Australian Climate Litigation Trends
- IPCC report as expert evidence and increasing physical risks
- Changes in government policy
- Increase in sophisticated and well-resourced claimants
- Maturation of legal strategies
- Emerging jurisprudence
Presented by David Morris, CEO, Environmental Defenders Office and Sarah Barker, Partner, Head of Climate Risk Governance, MinterEllison
REGULATORY ACTIONS: “THE FIRST WAVE”
9.30am to 10.15am Challenging Project Approvals Based on Climate Impacts
Coverage will include recent developments and cases across Australia:
- NSW raising the bar through Rocky Hill and Bylong
- Natural gas projects: the new firing line?
- EPBC approval challenges
- Human rights and climate change
Presented by Claire Smith, Partner, Clayton Utz
10.15am to 11.00am Challenging Decision Makers
Analyse case studies including:
- Bushfire Survivors for Climate Action v EPA NSW
- Minister for Environment v Sharma
- Tipakalippa v National Offshore Petroleum Safety and Environmental Management Authority
Presented by Noni Shannon, Partner, Norton Rose Fulbright and Alison Rose, Senior Solicitor, EDO Climate Team
11.00am to 11.15am Morning Tea
PRIVATE ACTIONS: “THE SECOND WAVE”
11.15am to 12.00pm Investor Litigation & Greenwashing
- AGMs for listed companies
- Actions against directors, including Client Earth v Board of Directors of Shell
- Actions based on disclosures to reduce climate impact, including ACCR v Santos
- Actions by superannuation fund members
- Other new developments
Presented by Philippa Hofbrucker, Partner Gilbert + Tobin and Zoe Bush, Senior Solicitor, Safe Climate (Corporate) Environmental Defenders Office
EMERGING ISSUES IN CLIMATE LITIGATION: “THE THIRD WAVE”
12.00pm to 12.45pm Emerging Areas for Climate Litigation
- Tort law, including Smith v Fonterra NZ, Milieudefensie et al v Royal Dutch Shell, Pabai Pabai v Commonwealth
- Domestic human rights actions, including Youth Verdict v Waratah Coal Qld
- International human rights, including UNHRC Billy et al v Australia (Torres Strait 8)
Presented by Rohan Nanthakumar, Senior Lawyer Pasifika Program, Environmental Defenders Office
12.45pm to 1.15pm Future Outlook for Litigation Risks
- Government policy and regulatory oversight
- Novel claims
- Stakeholder capitalism
- More emissions reduction disclosures
- De-carbonisation across the business and value chain
- Emissions increase in short term
- Actions against directors
Presented by Brynn O’Brien, Executive Director, Australian Centre for Corporate Responsibility and Lauren Drake, Executive Director, Pollination Group
Presenters
Dr Rosemary Sainty
From 2008 Rosemary Sainty established the National Responsible Business Practice Project funded by the Australian Federal Government (through Treasury), based at St James Ethics Centre, building a world first 'HUB' of international initiatives and local resources. These included the Australian focal points for the UN Global Compact, the world's largest corporate citizenship initiative, and the Global Reporting Initiative (GRI), the most widely used sustainability reporting framework. The Project received endorsement from the Federal Treasurer, Business Council of Australia and HRH the Prince of Wales. As the elected Secretariat, Rosemary then grew the UN Global Compact Australian Network to become the strongest corporate citizenship movement in Australia, incorporating leading Australian businesses across banking and finance, extractives, retail and professional services.
David Morris
David Morris is the CEO of Pubic Interest Environmental Law Centre, Environmental Defender Office NSW. Before becoming CEO, David was , the Principal Lawyer and Executive Officer at the Environmental , Defenders , Office Northern Territory. David's practice at the EDONT was a broad one , providing advice, representation and education on a wide array of , environmental issues facing the Northern Territory community. David is a , successful litigator and, notably has acted for the Traditional Owner groups , in relation to the McArthur River Mine and proposals to explore Watarrka , National Park for gas in the NT. Prior to working at the EDONT, David , worked in both government roles and private practice, including in the , Maddocks Planning and Environment Team and as a prosecutor with the , Victorian Department of Sustainability and Environment.
Sarah Barker
Sarah leads MinterEllison's international Climate Risk Governance team. Sarah has particular expertise in the climate change related exposures under corporate and securities (rather than 'environmental') laws - including directors' fiduciary duties and financial reporting/disclosure obligations. Sarah brings the practical perspective of an experienced professional director, having served on the board of one of Australia's largest institutional investors. She sits on the AASB/AuASB’s Enhanced Disclosures Advisory Committee, and on the SteerCo of the Climate Governance Initiative. She has taught the Australian Institute of Company Directors’ flagship Company Directors Course for nearly two decades, and teaches executive courses in sustainability for Cambridge University. She is recognised in Best Lawyers in both Corporate Law and Climate Change Law categories.
Claire Smith
Claire Smith is a partner at Clayton Utz specialising in environment, planning and climate change law who has previously worked as an environmental consultant and global environment counsel for BP plc. She focuses on complex technical projects often with significant environmental impacts such as energy and waste resource recovery projects, water and biodiversity offset projects, environmental liability risk transfer, regulatory compliance and management systems and incident response. In addition to advisory matters, Claire is experienced in environmental and planning litigation and dispute resolution. She has a mix of private sector and public sector clients and has acted on a number of complex and high profile projects in NSW including the Barangaroo Carbon Neutral Precinct development. She was named Partner of the Year Native Title, Environment and Planning Law by Lawyers Weekly in 2020 and is also listed as a key lawyer in Legal 500 and a leading environment and climate change lawyer in Doyle's Guide.
Noni Shannon
Noni Shannon is an experienced environment and climate lawyer based in Sydney and advising clients across Australia. She advises Government and the private sector on the environmental and planning aspects of major project development, in particular on the redevelopment of former industrial sites, waste to energy projects, renewable energy developments and more traditional energy generation infrastructure. This work includes obtaining Commonwealth and state environmental and infrastructure approvals, advising on the remediation and development of contaminated land, biodiversity and native title and Aboriginal heritage. Noni’s significant experience in climate law includes advising on the Direct Action Plan and Clean Energy Legislative Package, the renewable energy credit and renewable energy target schemes and carbon offset and biobanking schemes. She has worked closely with Commonwealth and state government agencies on the development, implementation and regulation of carbon reduction and renewable energy schemes, including acting on large Government funding programs in the renewable energy and clean technology areas. Noni has extensive experience in the waste, water and renewable energy sectors and was recently ranked as a leading lawyer in Environment for Chambers Asia-Pacific and Best Lawyer for Climate Change Law in Best Lawyers in
Philippa Hofbrucker
Philippa is a Disputes + Investigations Partner at Gilbert + Tobin. She is an experienced commercial litigator and regulatory expert. Philippa has acted for numerous ASX200 companies on some of Australia’s largest contentious matters, including multiple regulatory civil penalty proceedings and class actions, the Banking Royal Commission and regulatory investigations concerning allegations of misleading or deceptive conduct, breaches of directors duties and breaches of disclosure obligations. Philippa also specialises in advising clients on risk and compliance systems to respond to new regulations and emerging legal threats. Philippa holds a Bachelor of Arts majoring in politics and Bachelor of Laws with Honours from Macquarie University. Before joining Gilbert + Tobin, she worked at Clayton Utz and Allens Linklaters in Australia and Slaughter and May in the UK. Philippa was recognised as a Key Lawyer in her practice areas in the Legal 500 – 2021. Philippa leads Gilbert + Tobin’s ESG disputes practice, and assists corporate clients to navigate their evolving ESG obligations and implement effective risk management strategies.
Zoe Bush
Zoe joined the EDO’s Safe Climate team in August 2020. She is a John Monash Scholar, and holds a Master of Laws from Columbia University, and a Bachelor of Arts and a Bachelor of Laws with First Class Honours, both from the University of Western Australia (UWA). Prior to joining the EDO, Zoe worked as a Fellow at Law for Black Lives in the US, and as Assistant to Professor Kimberlé Crenshaw on the Say Her Name campaign, which highlights police brutality against Black women and girls in the US. Following graduation from UWA, Zoe served as Associate to Justice Barker of the Federal Court of Australia, and then worked as a solicitor at the State Solicitor’s Office of Western Australia (SSO). During her time at the SSO, Zoe was instructing solicitor on two successful appeals to the High Court of Australia in Commissioner of State Revenue v Placer Dome Inc. [2018] HCA 59, and Commissioner of State Revenue v Rojoda Pty Ltd [2020] HCA 7. She regularly appeared as trial and appellate counsel for government departments and agencies in a broad range of court proceedings, including administrative law, corporations law, and civil litigation. Zoe’s criminal justice reforms in relation to First Nations peoples with Foetal Alcohol Spectrum Disorders have been adopted by a Senate Standing Committee, published in peer reviewed journals, and presented at international conferences. She is also a lecturer and tutor at UWA Law School.
Rohan Nanthakumar
Rohan is a Senior Lawyer in the EDO’s Pasifika Program. He focuses on climate and environmental justice litigation in Fiji, Papua New Guinea, Vanuatu, and the Solomon Islands. His cases are at the intersection of human rights law, indigenous rights and environmental protection, and often involve questions of constitutional law, international law, customary law and their interrelationship. He is also a Reporter for the Yearbook of International Environmental Law, sits on the editorial board of the GNHRE Climate Litigation in the Global South Project, and is on the Fossil Fuel Non-Proliferation Treaty Legal Working Group. Before joining the EDO, Rohan was Counsel Assisting the Solicitor-General for Victoria and Associate to the Chief Justice of the High Court of Australia. He has advised the Commonwealth Government in constitutional law, public international law, complex statutory interpretation and legislative development issues, as Counsel in the Office of General Counsel at the Australian Government Solicitor. He also earlier worked in human rights law and policy at the Australian Human Rights Commission and commenced his legal practise as a commercial litigation solicitor at Allens. Rohan holds a Master of Laws (LLM) from the University of Cambridge and a Bachelor of Economics and Laws from the University of Tasmania. He is also a lecturer in public law, constitutional law, and international law at the University of Melbourne. He has previously taught constitutional law at the University of New South Wales and the Australian National University.
Brynn O’Brien
Brynn O’Brien is Executive Director of the Australian Centre for Corporate Responsibility (ACCR). Brynn has fifteen years’ experience as a lawyer and strategist. Prior to joining ACCR in January 2017, she worked as a consultant and advisor on business and human rights projects and practised as a corporations and international lawyer. Brynn is an expert in corporate governance, active ownership, environmental, social and governance (ESG) materiality and international law. Brynn has degrees in Medical Science and Law from the University of Technology Sydney and a Master of Laws from Columbia University. She is a director of Diplomacy Training Program Ltd, an independent, Australian NGO committed to advancing human rights and empowering civil society in the Asia Pacific region.
Lauren Drake
Lauren has Australian and global experience in experience in climate law, policy and finance, with a particular focus on environmental markets and nature-based solutions. As an Executive Director at Pollination, Lauren provides expert advice to clients related to strategy, risk and governance, as well as law and policy, finance, unlocking new value and helping companies and governments to build organisational resilience to the climate change challenge. Lauren has worked with Governments in Australia, New Zealand, Fiji, Kenya, Botswana and Timor Leste on climate policy, including implementation of the Paris Agreement and legal readiness for climate finance and investment, along with advice on carbon market design and transactions.