| Gas emitters may be liable |
| Thursday, 21 June 2007 | |
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Queensland University of Technology
Governments, industry and even company directors could be held liable for actions that contribute to climate change, according to new Queensland University of Technology (QUT) research. PhD student with QUT's Institute for Sustainable Resources Nicola Durrant is investigating international and Australian law to determine potential legal liabilities for greenhouse gas emissions and adverse climate change. Ms Durrant said that in Australia there were no limits on greenhouse gas emissions and we have no national market for trade in carbon credits unlike the European Union which permits trade in carbon credits. Under this scheme, companies are allocated quotas on allowable greenhouse gas emissions, and must buy credits for any emissions over the quota. "The absence of legislation in Australia has not prevented industry from being held responsible for its emissions," Ms Durrant said. "There have been an increasing number of legal challenges by environmental groups under existing environmental and planning statutes, seeking to hold industry responsible for its emissions. "One question is whether the coal industry should be held responsible for greenhouse gas emissions resulting from its coal exports. "For this to happen a link must be established between the use of coal and increases in adverse climate change - a New South Wales court has agreed there is a link." Ms Durrant said businesses, governments and even company directors could be potentially liable for millions of dollars for failing to act immediately to reduce their company's greenhouse gas emissions. "Even in the absence of statutory obligations to reduce emissions, companies may still be liable for the environmental effects of their emissions through court challenges," she said. "Company directors have a fiduciary obligation to act in the best interests of their company, and given the risk of significant financial liabilities, it may be in the best interests of these industries to voluntarily reduce those emissions now. "In an ideal world, Australia would have a clear national statute that sets out obligations to reduce greenhouse gas emissions and it would provide financial incentives to achieve those reductions through a carbon emissions trading system. "Without these the only way to motivate change in Australia may be further litigation and legal liability." Editor's Note: Original news release can be found here. |
