Anjali Sharma (climate activist)

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Anjali Sharma (born 2004) is an Australian climate activist, who at the age of 16, was the lead litigant in a class action in the Australian Federal Court, against the Federal government, and in particular, the then Minister for the Environment, Sussan Ley, for failing to consider the impacts of climate change. Sharma was also a finalist in the 2021 Children's Climate Prize, an International prize for climate activism, based in Sweden.

Anjali Sharma
Born2004
Delhi, India
NationalityIndian-Australian

Early life and career[edit]

Sharma was a high school student from Melbourne, who took the Australian federal government, and Minister for the Environment at the time, Sussan Ley, to the Federal Court of Australia in a class action. She was the lead litigant, together with seven other school students, and a nun, Sister Marie Brigid Arthur. The class action asked the Federal Court to stop Minister for the Environment at the time, Ley, from approving an expansion to the coalmine Vickery, near Gunnedah, in NSW. The Federal Court ruled, in a world first, that the Minister for the Environment was required to have a duty of care towards teenagers and children, with respect to climate change impacts, and in particular bushfire and heatwave impacts. This set a precedent for following court cases.[1] It is noteworthy that, during the Sharma and others vs Minister for the Environment case, the science of climate change, and in particular (1) that human emissions of CO2 are "largely responsible" for climate change and warming of the Earth's surface, was undisputed. Also undisputed was that (2) Australia will experience more drought, heatwave extremes and fire related weather. Further, it was undisputed that (3) these effects and their extent will be influenced by the extent of greenhouse gases emitted.[2]

The Court of Justice, Justice Mordecai Bromberg, ruled that the Minister for the Environment had a "duty of care" to not harm the youth or their future. He ruled that the Minister had "a duty to take reasonable care to avoid causing personal injury" to youth and children of Australia, when the Minister for the Environment, made a decision about the extension of the coal mining project under the legislation, Environment Protection and Biodiversity Conservation Act [1999].[3] The aim, as stated by the teenagers, was to stop or prevent the expansion of future fossil fuel projects in the future.[4]

The eight Australian teenagers who brought the class action were Anjali Sharma, Isolde Shanti Raj-Seppings, Ambrose Malachy Hayes, Tomas Webster Arbizu, Bella Paige Burgemeister, Laura Fleck Kirwan, Ava Princi and Luca Gwyther Saunders.[5] Due to the young age of the applicants, all under 18, they were represented by a litigation representative, Sister Marie Brigid Arthur, a sister of the Brigadine Order of Victoria.[6]

Sharma's actions and court case are likely to set legal precedent in future court cases in Australia where the impact of climate change, including death and injury from heat waves, bushfire and storms, need to be considered in coal and fossil fuel mining decisions.[7] Sharma's case was one of many as part of the 'legal surge' in climate action cases, where the US and Australia lead the number of climate action court cases, with many being led by teenagers.[8][9][10] As at December 2021, there were 21 court cases involving climate change, including the Sharma and others vs the Minister for the Environment appeal case.[11]

An expanded explanation of Sharma and others vs Minister for the Environment reported that the Court issued a declaration that "the Minister has a reasonable duty to avoid causing death or injury to person's who were under 18 years of age and ordinarily resident in Australia at the time of the commencement of this proceeding arising from emissions of carbon dioxide into the Earth’s atmosphere."[12]

In March 2022, it was reported that the Australian government won an appeal against the ruling and hence overturned the case.[13]

Writing in The Guardian in April 2022, just prior to the general election, Sharma tackled the lack of political will in Australia: "[W]ith 114 new fossil fuel projects in the pipeline, and a two-party system with deeply ingrained ties to big coal and gas, what our major parties are promising is the exact opposite [of a satisfactory response]".[14]

Media and legal implications[edit]

Sharma's case, the implications for climate change, the youth of the team of the class action, and the historic precedent set by the results, have received much media and legal attention,[15][16] both within Australian, Indian and British media outlets.[17][18][19] Her case has been reported on, by SBS,[20] the Sydney Morning Herald,[21] the Guardian,[22] and The Australian.[23] The case is now considered a precedent, which has now has the power to inform other cases, to ensure that climate impacts are considered.[24]

Sharma's work led to the conclusion that within Australian law, the Minister for the Environment has a duty to avoid causing personal injury and death to Australian children from carbon emissions which can lead to heatwaves and bushfires, when approving coal projects.[25] Sharma's activism led to her being nominated as a finalist in Children's climate prize. This is an "international prize annually awarded to young people who have made extraordinary efforts for the climate and environment."[26]

Prizes and awards[edit]

2021 Children's Climate Prize, finalist [27]
2021 Women that lifted us in 2021 – top 10 – Women's Agenda

References[edit]

  1. ^ "Anjali Sharma, from Melbourne, Australia, is presented as the fourth finalist for the 2021 Children's Climate Prize". Mynewsdesk. Retrieved 29 December 2021.
  2. ^ "Sharma court finds duty of care to protect young Australians from future injury from climate change". Finlaysons Lawyers. Retrieved 29 December 2021.
  3. ^ Sainty, Lane (17 October 2021). "Environment minister appeals ruling in teenagers' climate change court case". The Australian. Retrieved 29 December 2021.
  4. ^ "Sharma court finds duty of care to protect young Australians from future injury from climate change". Finlaysons Lawyers. Retrieved 29 December 2021.
  5. ^ "Climate change judgement in Federal Court says Minister must protect young people". Cairns News. 9 June 2021. Retrieved 29 December 2021.
  6. ^ "Anjali Sharma & others win against the Minister for Environment". bharattimes.com. 27 May 2021. Retrieved 29 December 2021.
  7. ^ Hislop, Madeline (22 December 2021). "The moments & women that lifted us in 2021". Women's Agenda. Retrieved 29 December 2021.
  8. ^ "Climate litigation up in 2021, with private sector now exposed". China Dialogue. 21 December 2021. Retrieved 29 December 2021.
  9. ^ "Three significant climate change developments in Australia and overseas with implications for resource projects - Knowledge - Clayton Utz". www.claytonutz.com. Retrieved 29 December 2021.
  10. ^ "Sharma v Minister for Environment". Equity Generation Lawyers .. Retrieved 29 December 2021.
  11. ^ "Sharma court finds duty of care to protect young Australians from future injury from climate change". Finlaysons Lawyers. Retrieved 29 December 2021.
  12. ^ "Sharma and others v. Minister for the Environment". Climate Change Litigation. Archived from the original on 29 December 2021. Retrieved 29 December 2021.
  13. ^ "Australia climate change: Court overturns teenagers' case against minister". BBC News. 15 March 2022.
  14. ^ Sharma, Anjali (28 April 2022). "Dear politicians, young climate activists are not abuse victims, we are children who read news". The Guardian. London, United Kingdom. ISSN 0261-3077. Retrieved 28 April 2022.
  15. ^ "Liability and Climate Change Litigation: The Landmark decision of Sharma v Minister for the Environment | Russell Kennedy Lawyers". www.russellkennedy.com.au. Retrieved 29 December 2021.
  16. ^ "Superimposing private duties on the exercise of public powers: Sharma v Minister for the Environment – AUSPUBLAW". Retrieved 29 December 2021.
  17. ^ "The teenagers and the nun trying to stop an Australian coal mine". BBC News. 15 December 2021. Retrieved 29 December 2021.
  18. ^ "What Do We Know About Anjali Sharma, The 17-Year-Old Climate Activist Who Is Taking On The Australian Government?". 19 October 2021. Retrieved 29 December 2021.
  19. ^ "Anjali Sharma & others win against the Minister for Environment". bharattimes.com. 27 May 2021. Retrieved 29 December 2021.
  20. ^ "The schoolgirl who took Australia's environment minister to court on climate change". SBS Your Language. Retrieved 29 December 2021.
  21. ^ Perkins, Miki (5 March 2021). "Anjali Sharma breaking new ground in climate fight". The Sydney Morning Herald. Retrieved 29 December 2021.
  22. ^ "In the Sharma case, Australia's federal court must not avert its eyes from the climate crisis | Kieran Pender". the Guardian. 21 October 2021. Retrieved 29 December 2021.
  23. ^ Sainty, Lane (17 October 2021). "Environment minister appeals ruling in teenagers' climate change court case". The Australian. Retrieved 29 December 2021.
  24. ^ "Sharma by her litigation representative Sister Marie Brigid Arthur v Minister for the Environment (No 2) [2021] FCA 774". www.judgments.fedcourt.gov.au. Retrieved 29 December 2021.
  25. ^ "17yo Anjali Sharma took on the Morrison Government over climate change. Now she's up for an international prize". Women's Agenda. 14 October 2021. Retrieved 29 December 2021.
  26. ^ "Anjali Sharma, from Melbourne, Australia, is presented as the fourth finalist for the 2021 Children's Climate Prize". Mynewsdesk. Retrieved 29 December 2021.
  27. ^ Hislop, Madeline (14 October 2021). "17yo Anjali Sharma took on the Morrison Government over climate change. Now she's up for an international prize". Women's Agenda. Retrieved 29 December 2021.
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