Can the Australian oil and gas industry ride the climate litigation tsunami?
James Plumb A * and Aaron Alcock AA
James Plumb is a Partner in HopgoodGanim’s Resources and Energy practice. James holds dual qualifications in Commerce and Laws from the University of Queensland and has over two decades’ experience advising on the sale and acquisition of mining and petroleum projects, project developments and the impact of various state-based petroleum and mining regulatory regimes. James is the Deputy Chair of the Queensland Law Society’s Energy and Resources Law Committee, a Queensland committee member of the Energy and Resources Law Association, and a past President of the Queensland Petroleum Exploration Association. He has been ranked by Best Lawyers as a leader in Australia across Energy Law, Natural Resources Law, Oil and Gas Law and Mining Law since 2017, was Best Lawyers Brisbane Lawyer of the Year for Energy Law in 2023 and Natural Resources Law in 2024 and is recognised by Doyle’s Guide as a Leading Queensland Energy and Resources Lawyer. |
Aaron Alcock is a Partner in HopgoodGanim’s Dispute Resolution practice and has a particular focus on resolving disputes involving resources and energy projects, corporate and compliance matters, property, technology and intellectual property. Aaron advises his clients on a wide variety of resources and energy litigation matters, extending to objections to and appeals against approvals, compensation assessments, access and conduct disputes, contract disputes, Corporations Act claims and compliance, trade practices actions and property and leasing disputes. He has acted for and advised a wide range of clients, including junior explorers and producers up to ASX listed companies. Aaron holds dual qualifications in Laws and Information Technology (Distinction) from the Queensland University of Technology. |
Abstract
Australia’s oil and gas industry is squarely in the sights of environmental and activist groups in their efforts to drive climate change reform and restrict development through litigation. This paper looks at recent legal challenges impacting the oil and gas sector, and also considers the potential implications of key climate change and human rights based litigation on the industry. The paper notes parallels between the decade of jurisprudence against coal mine developments in Queensland and New South Wales, and the current wave of litigation against the oil and gas industry.
Keywords: Aboriginal cultural heritage, Australian oil and gas sector, climate change litigation, environmental authority, greenhouse gas emissions, human rights, Kyoto Protocol, resource project.
James Plumb is a Partner in HopgoodGanim’s Resources and Energy practice. James holds dual qualifications in Commerce and Laws from the University of Queensland and has over two decades’ experience advising on the sale and acquisition of mining and petroleum projects, project developments and the impact of various state-based petroleum and mining regulatory regimes. James is the Deputy Chair of the Queensland Law Society’s Energy and Resources Law Committee, a Queensland committee member of the Energy and Resources Law Association, and a past President of the Queensland Petroleum Exploration Association. He has been ranked by Best Lawyers as a leader in Australia across Energy Law, Natural Resources Law, Oil and Gas Law and Mining Law since 2017, was Best Lawyers Brisbane Lawyer of the Year for Energy Law in 2023 and Natural Resources Law in 2024 and is recognised by Doyle’s Guide as a Leading Queensland Energy and Resources Lawyer. |
Aaron Alcock is a Partner in HopgoodGanim’s Dispute Resolution practice and has a particular focus on resolving disputes involving resources and energy projects, corporate and compliance matters, property, technology and intellectual property. Aaron advises his clients on a wide variety of resources and energy litigation matters, extending to objections to and appeals against approvals, compensation assessments, access and conduct disputes, contract disputes, Corporations Act claims and compliance, trade practices actions and property and leasing disputes. He has acted for and advised a wide range of clients, including junior explorers and producers up to ASX listed companies. Aaron holds dual qualifications in Laws and Information Technology (Distinction) from the Queensland University of Technology. |
