Environmental Defenders Office

As we look to the next five years and beyond, we’ve designed our teams to make the most of our accomplished legal experts, and better serve our clients striving for a future where nature thrives. These changes have been two years in the making and see state-based practices bolstered, a new national litigation team and a renewed focus on the Pasifik.    It includes specialist Corporate and Commercial, Early Legal Intervention and Law and Policy Reform practices. EDO now has a dedicated First Nations Country and Cultural Heritage Program, established to provide services to First Nations peoples seeking legal support to protect their culture and Country.   Learn more: https://lnkd.in/gmMcUdxr Nicole Sommer has been appointed to the role of Legal Practice Director (Principal Lawyer). Nicole has almost 20 years of legal practice experience, appearing as counsel in courts and tribunals and environment and planning law matters. Nicole joined EDO as Principal Lawyer of EDO Tasmania, and previously led EDO’s Healthy Environment & Justice Program. Read more: https://lnkd.in/gjW9xxtk

Last week, our Head of Policy and Law Reform Rachel Walmsley joined Nature Positive Initiative Convener Marco Lambertini on ABC Radio National's Late Night Live. Together with host David Marr, they discussed the global #NaturePositive initiative and the inaugural summit in Australia, the importance of #NaturePositive as a measurable and actionable goal, and what our law makers must prioritise to halt and reverse biodiversity loss before it’s too late. 🎧 Listen here: https://lnkd.in/gEN6RPKq 

Qantas, whose global carbon emissions are equivalent to 4% of Australia’s total annual emissions, has today been referred to the consumer watchdog for potential greenwashing. EDO client Climate Integrity has asked the Australian Competition and Consumer Commission (ACCC) to investigate Qantas for alleged greenwashing following sweeping regulatory action in the EU. The official complaint to the ACCC was prepared by research and advocacy organisation Climate Integrity and filed by the Environmental Defenders Office. It cites that greenwashing is illegal under Australian law and requests an investigation into Qantas’ marketing materials.  The complaint focuses on its ‘fly carbon neutral’ product, promotion of ‘sustainable aviation fuels’ and the credibility of the company’s net zero transition, highlighting its lack of clear targets and credible transition strategies. “Consumers and shareholders are increasingly conscious of their climate impact, and deserve the right to make informed decisions,” said Climate Integrity Director, Claire Snyder. “Qantas is a trusted household name in Australia, and it should not mislead customers and shareholders into thinking Qantas products and services are more sustainable than they really are.” The complaint follows a landmark greenwashing decision against KLM Royal Dutch Airlines in March that found common aviation industry claims relating to ‘sustainable aviation fuels’, ‘offsetting’ and ‘net zero by 2050’ to be misleading. This precedent-setting decision sparked a sweeping regulatory response with the European Commission and EU national consumer protection authorities launching action against 20 airlines for misleading greenwashing practices.  “The ACCC needs to step in to protect consumers and investors as regulators have done in Europe,” said Snyder.  Read more: https://lnkd.in/gKd3BkRU 

Our client Hunter Environment Lobby (HEL) is celebrating after Hunter Valley Operations (HVO) withdrew its proposal to drastically expand two coal mines. HVO had hoped to extend the life of two mines in the Upper Hunter by up to 25 years, extracting 400 million tonnes of coal and generating 1.16 billion tonnes of climate pollution. In June, our client HEL asked the Federal Court to overturn a decision the Environment Minister's delegate made, allowing the project to move to the next stage of approval. HEL argued that the minister’s delegate failed in their legal duty to adequately consider the significant impact of climate emissions from the project on the Great Barrier Reef. A technical report by Professor Michael Bode forecast the project’s emissions would destroy 1,000 hectares of reef.  Last week, before HEL’s case could be heard by the Federal Court in December 2024, HVO announced it was withdrawing the project application and submitting an amended plan.  “We are delighted that HVO has walked away without a fight, but we know they’ll be back,” HEL spokesperson Jan Davis said. “And when they are, we’ll be waiting for them.”     “We don’t expect this to be the end of the matter, so we will continue our struggle to achieve just outcomes for communities, climate, species and ecosystems.   “Climate change is killing the Great Barrier Reef and threatening species, ecosystems and communities across the Hunter region, Australia and the world.   “We will not sit by idly and let coal companies throw fuel on the fire of climate change. We will watch very closely to see what moves the company makes next.”   EDO is proud to have represented HEL in this challenge. It is essential, given the worsening climate and biodiversity crises, that Australia's environmental laws are appropriately applied.  We stand ready to work with clients impacted by climate change and biodiversity loss and who seek to protect their communities, climate and nature for future generations. Read more: https://lnkd.in/g5MK9fZW 

Australia’s koalas are being driven to extinction by habitat loss, climate change and disease. That’s why our client the Queensland Conservation Council is deeply concerned the owners of Vulcan open cut coal mine could have illegally cleared 47 hectares of koala habitat without federal approval, south west of Mackay in Queensland. Swipe to find out more → “Clearing threatened species habitat without federal approval is a criminal offence under the EPBC Act,” Queensland Conservation Council Director Dave Copeman said. “If Vitrinite is allowed to get away with illegal activity, it will send a dangerous message that companies can break environmental laws without facing consequences. “Vitrinite has a history of environmental violations. The company has previously released polluted water into local creeks and cleared land outside approved boundaries. “They haven’t been meaningfully held to account for these previous violations and this latest offence shows a continuation of Vitrinite's disregard for environmental regulations. “Minister Plibersek has a clear responsibility to take a stand and hold Vitrinite accountable, or risk letting corporate lawbreaking continue unchecked.” Read more: https://lnkd.in/giFNPpms 

ANNOUNCING OUR NEW MATCHED GIVING PARTNER - Environmental Defenders Office Each year, we partner with an organisation that aligns with one or more pillars of our matched giving program – i.e. environmental protection, empowering women, and supporting local community. We are thrilled to announce that our new matched giving partner for this year is the Environmental Defenders Office (EDO). EDO is the largest public interest, not-for-profit environmental law organisation in the Australia-Pacific, providing legal advice and representation to defend nature, climate, communities, and wildlife. Their clients are the Traditional Owners, the koala lovers, and the community-minded Australians who are standing up for our environment every day. For every dollar that our customers donate to EDO, ELK will match it. We look forward to your support!

In a stunning victory for the community and wildlife, plans to conduct seismic testing in the ecologically sensitive Otway Basin, off the Victorian coast, have been abandoned by energy data company TGS. Initially Australia’s largest seismic testing proposal, the project would have paved the way for gas extraction in an area that provides habitat for endangered southern right whales, pygmy blue whales and many other marine species.  Seismic testing involves blasting compressed air from a specially adapted ship. The noise from the blasts causes sound waves to bounce off the seabed back to sensors carried by the ship.   The impact of seismic blasting on marine animals such as whales can include damage to the sensors that they use to hear, ability to communicate through their electro-frequencies, stress, displacement from habitat, physical injuries and death.  There was fierce community opposition to the TGS proposal, with the offshore regulator, NOPSEMA receiving more than 30,000 submissions during consultation.  EDO's gas team has been assisting several organisations, including Australian Marine Conservation Society and Surfrider Foundation Australia, in relation to offshore gas projects in the Otway Basin - providing support for community and environmental groups to participate in stakeholder consultation processes in an attempt to minimise impacts on the marine environment and ocean users. Our clients were already successful in reducing the original size of the Otway Basin project to minimise its impact footprint to largely exclude pygmy blue whale migration paths.  Last week, TGS announced its decision to completely withdraw its environmental plan from NOPSEMA assessment. 

For 15 years, Tasmanians have been kept in the dark about the true state of their environment. But last week, the decade-long-delayed State of the Environment Report was finally tabled in parliament. The report paints an alarming picture of an environment under significant strain and facing multiple threats. Of the 29 environmental categories this report assessed, 16 were found to be getting worse and 11 were in poor condition. The list of threatened plants and animals in Tasmania is growing fast, and sensitive ecosystems unique to the Island state are being decimated by climate change, vegetation loss and invasive species. Find out what the report tell us, what solutions it offers and what happens next 👇 https://lnkd.in/gsmaQnFp

EDO is currently looking for a Solicitor/Senior Solicitor/Special Counsel to join our WA team based in Boorloo! In this role you’ll have the opportunity to make an impact on climate and environmental justice in WA through working on novel litigation, advocating for improved environmental laws and providing advice to members of the community seeking to protect the environment. Feel free to reach out if you have any questions. https://lnkd.in/eGJQN98M

We're #hiring! 💼⚖️ We are recruiting for a Special Counsel to join our Queensland team to champion its Safe Climate practice. In this role, you will think creatively about delivering systemic change, chiefly in relation to fossil fuel developments and climate change, but also regarding biodiversity issues such as deforestation. Applications close on Sunday, 13 October 2024. Click below to find out more, and apply today!