Bushfire Survivors for Climate Action Inc. commences a civil enforcement proceeding in NSW Land and Environment Court to compel the Environmental Protection Agency to regulate greenhouse gas emissions

Bushfire Survivors for Climate Action Incorprated is a group of bushfire survivors, firefighters, local councillors who have joined together to demand the Government take immediate action on climate change.

The group says of itself: "We have come together because we have lost our homes and our communities to bushfires and we want action. We are sick of waiting and we won’t put up with half-measures anymore. The Government can no longer ignore the way their climate change denial is hurting our communities and putting lives at risk. They must take Australia beyond coal projects like Adani and move to 100% renewable energy for all."

On 20 April 2020 Bushfire Survivors for Climate Action Inc. brought a civil enforcement proceeding in the Land and Environment Court to compel the Environmental Protection Agency (EPA) to regulate greenhouse gas emissions.

The proceedings seek to force the EPA to establish a climate policy, based on its statutory role which includes a requirement to prepare policies to protect the environment. The group will be arguing that the EPA as lead environment regulator in NSW failed to establish such policies in relation to climate change.

The outcome of this case is of particular interest to communities in the NSW Northern Rivers region given the mega wildfires of the 2019-2020 bushfire season and the environmental devastation/property loss/social dsiruption in their wake.

On 27 April 2020 The Daily Examiner reported:

Any notion that climate change is an issue that can be dealt with effectively in some distant future has been shown to be untenable given events of the past few years. 

Extreme weather events, severe droughts and longer and more catastrophic bushfire seasons have shown more people there is a connection between these events and the growing carbon emissions in the Earth’s atmosphere. 

Australians concerned about climate change are becoming increasingly frustrated with the ostrich-like attitudes of many politicians and government agencies. 

One group that is taking legal action in an attempt to force a NSW government agency to do more on climate change is Bushfire Survivors for Climate Action, which is taking the Environmental ­Protection Agency to court ­because of its failure to better protect communities. 

Group president Jo Dodds said all members had experienced a bushfire first-hand. They believed climate change was a major contributing factor to the cause and growing intensity of bushfires in Australia. 

She said the issue wasn’t being taken seriously enough and “there’s a sense that the bushfires are over and we can get back to normal life after COVID-19 – but the fires are going to come harder and more frequently”. 

The Environmental Defenders Office is representing the group. EDO chief executive David Morris said the EPA had “a statutory mandate to protect the environment … but the EPA don’t have a current policy to regulate greenhouse gas emissions”. 

“Those two things can’t coexist,” he said. “We’re simply asking the court to tell the EPA go and create environmental quality objectives with respect to greenhouse gas emissions, regulate the pollution and use their existing powers to do so.” 

According to the EDO, the EPA is in a unique position. As an agency “with teeth”, it has the power to issue licences to control pollution, as well as put caps and prices on substances that are harmful to the environment. 

The case is listed in the NSW Land and Environment Court in Sydney on May 8. 

Leonie Blain, Clarence Valley Conservation Coalition