Judicial review of climate change decisions: key themes from recent key cases

Hannah Bain, Chris Curran, Emmeline Rushbrook
Published on:
04 November 2022


  • By contrast, private law claims in relation to climate change have tended to face challenges internationally. In New Zealand, the question of whether the first climate change tort claim can proceed to trial is currently being considered by the Supreme Court in the Smith litigation.

  • For example, in South Africa, a claimant group was successful in challenging the approval of a coal-fired power station on the basis that climate change considerations had not been taken into account: Earthlife Africa Johannesburg v The Minister for Environmental Affairs and Others [2017] 2 All SA 519 (GP). That particular coal-fired power station has ultimately not gone ahead following a subsequent agreement between the parties.

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