Lawyers for Climate Action NZ is raising concerns about a new Members’ Bill from Joseph Mooney. This bill aims to prevent lawsuits related to climate change. The group believes this move could harm the environment and undermine the courts’ role in addressing legal matters.
They’re disappointed that the National Party is backing this bill. By protecting polluters from being held accountable, the bill could leave everyday people and taxpayers to bear the costs of climate-related damages, like flooding from rising sea levels. This move does not encourage businesses to reduce their greenhouse gas emissions.
The courts have historically played an essential part in environmental issues. For instance, they shaped nuisance law during the pollution crises of the Industrial Revolution. The existing climate change laws and the Emissions Trading Scheme don’t eliminate the need for common law; instead, both can evolve together to address these pressing challenges.
In a recent Supreme Court case, Smith v Fonterra, the Court found validity in a claimant’s arguments against major polluting companies. The justices emphasized that the law should provide remedies when wrongs occur, particularly when these wrongs infringe on fundamental human rights, as climate change does. Ignoring this would put the law’s relevance at risk, especially regarding climate justice.
Experts warn that this bill could obstruct access to justice for those affected by climate change. It might halt Mr. Smith’s case against some of New Zealand’s biggest emitters, denying him and others the chance to seek justice. The Supreme Court’s prior ruling made it clear that the case deserved to be heard.
Interestingly, this bill reflects a growing trend in several countries where lawmakers are trying to limit legal avenues for climate-related claims. For example, a study conducted by the Global Climate Litigation Network found a sharp rise in climate litigation globally, highlighting the increasing recognition of climate claims in courts. As people become more aware of their rights connected to climate change, similar bills could face strong opposition from the public and legal experts alike.
Lawyers for Climate Action NZ, founded in 2019, aims to use legal avenues to combat climate change. The group consists of over 370 members committed to using the law for effective climate action. They advocate for policy changes, participate in strategic litigation, and aim to build a network of environmentally conscious legal professionals.
In conclusion, the implications of this Members’ Bill could potentially stifle climate justice and deny individuals the opportunity to hold polluters accountable. This is not only about legal principles but also about ensuring a habitable future on our planet.
Check out this related article: Brace Yourself: Heavy, Wet Snow Expected Across Alberta Starting Wednesday Night – What You Need to Know!
Source linkLawyers for Climate Action, Politics, Climate Change, Environment and Conservation, General Politics, Legislation, Members’ Bill, Newsworthy, Regulatory Framework, Scoop
