��Rachel Walmsley �Environmental Defenders Office��WEPA, 22 November 2022

Climate Change – where to next?

EDO Roadmap for Climate Reform and our latest safe climate legal interventions

A world where nature thrives

We are an environmental law practice that protects the �Australia Pacific region by delivering legal �solutions for peoples, nature and our climate

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• We deliver innovative legal solutions for peoples and planet
• We empower communities and fight for nature through law
• We educate people about the law and their rights
• We advocate for better laws that deliver transformative change
• We litigate to uphold rights and enforce the law

Systemic Change - Healthy Environment & Justice - First Nations - Expert Advisory

Outline

1. Our current climate cases

2. Strategic legal interventions

3. Key themes and lessons

4. Law Reform for systemic change

5. Our Roadmap for Climate Reform

6. Coordinated strategies for a complex challenge

7. Q&A

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This is the critical decade.

Focus on ‘net zero’, but it must be linked to the temperature goal of limiting increase to 1.5 degrees.

A range of legal interventions are needed at all levels.

Climate change is increasingly impacting more sectors, industries, businesses and more areas of law.

Lawyers have a role in facilitating the necessary just transition.

Current climate cases

EDO Strategic legal interventions

Key themes & lessons – Project by project challenges?

A new approach to hearings

Recognising all impacts and hearing all voices

EDO Climate law reform & advocacy for change

��A Roadmap for Climate Reform �

Key recommendations

• Opportunity 1 – Implement a national Climate Act – key elements
• Opportunity 2 – Legislate path to real net zero – legislate 2030 and 2050 targets, 5 yearly carbon budgets linked to 1.5 degrees; strengthened NDC; other targets – eg: methane
• Opportunity 3 – Leadership & responsibility – duties on decision-makers to meet targets; duties to consider risks, report, act in accordance with best available science; legislate climate considerations; legislate a justiciable right to a safe, healthy environment; senior Climate portfolio; strengthened Climate Change Council/Authority; leadership in Pacific region; establish a national EPA with duties.

Just a few of our reform ideas….

• Opportunity 4 – Incentivise innovation in energy transition – transition object; definitions of RE exclude fossil fuels; reinvigorate RET; subsidies for energy storage; ESD framework for assessment of renewable energy projects; extend roles of CEFC & ARENA; national energy efficiency standards; transport reform; review and redirect fossil fuel subsidies – Direct regulation for emissions reduction – enforceable phase out deadline; strengthened ETS/Safeguard Mechanism (expanded scope, coverage, progressive downward adjustment of baselines, fugitive emissions); climate impact assessment requirements; review and strengthen carbon offsets; national building efficiency standards; review of related legislation for reform (including NEM rules, EPBC Act, water management, Corps law & Directors duties, consumer law, transport, waste, human rights and environmental justice – protest laws); establish statutory body to coordinate just and rapid transition; ensuring First Nations Peoples and Pacific neighbours are included in transition planning.

• Opportunity 5 – Plan for and measure success – National climate risk assessment; national climate adaptation plan; climate considerations in natural disaster response & resilience planning; climate impact statements; mandatory climate risk disclosure statements; expanding NGERS (entities covered, scope 3 emissions); fugitive emissions accounting and reporting; State of the Climate Reporting across jurisdictions & sectors; mandatory financial reporting of climate risk on Australian companies.

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Next steps?

• Tracking progress on recommendations
• Delving into the policy detail in submissions and advices
• Strategic legal interventions & cases

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Progress on recommendations

• Progress: Restoration of Climate Change Authority; subsidies for RE storage; extending roles of CEFC & ARENA; Safeguard Mechanism amendments proposed; instigated review of carbon offsets
• Partial: national Climate Act passed; Climate Change Minister & Assistant Minister; commitment to a national EPA; EV tax incentives & strategy; polluter pays - SM amendments; building efficiency standards
• Insufficient: legislated target/carbon budget/NDC; legislated climate considerations; new object of transition away from fossil fuels; consistency of decisions with Climate Authority advice
• Regressive: redirecting fossil fuel subsidies; setting enforceable deadline to phase out fossil fuels
• No action: legislated duties; addressing scope 3 (exported) emissions; climate impact statements

Recent climate submissions & reports

• Recent submissions: Strengthening the Safeguard Mechanism – the primary emissions reduction mechanism; inserting a ‘climate trigger’ in the EPBC Act for new project approvals; removing burning of native forest biomass from the renewable energy target; transition authority.
• Recent reports: Right to a Healthy Environment; Best Practice EPAs, Climate protest laws; EPBC Act reform – see edo.org.au

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�� � Questions?�

Thank you.

www.edo.org.au