09 October 2026
A New Frontier for Project-Based Climate Litigation
On 7 October 2026, the High Court of Australia held, by three judges to two, that a New South Wales (NSW) planning authority must consider conditions to limit a coal mine’s scope 3 emissions. This meant the authority could not simply say they had considered those emissions, representing 98% of the project's greenhouse gas (GHG) emissions – they had to show they had considered planning conditions that would minimise them. Although much of the Australian apex High Court ruling turns on the interpretation of very specific NSW statutory language, it nevertheless has important implications for climate litigation elsewhere in the world, including in Europe. Continue reading >>
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26 June 2026
Mapping the Future
On 25 June 2026, the Paris Judicial Court became the first court to rule on the merits of Notre Affaire à Tous and others v. TotalEnergies SE. At its core, the case concerns whether TotalEnergies violated the French Commercial Code by failing to adequately report the climate risks associated with its activities and take action to mitigate those risks in line with the goals of the Paris Agreement. The decision demonstrates that a domestic due diligence statute can reach the full climate footprint of a global energy major. Continue reading >>
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