Australia’s Indigenous elders lose landmark environment case of Torres Strait Islands
Australia has no duty to protect Indigenous group from climate change, court finds
- Australia's Federal Court ruled the government owes no legal duty to protect Torres Strait Islanders from climate change, dismissing a landmark case.
- Justice Michael Wigney stated that decisions on carbon emissions and climate protection fall within government policy, not judicial oversight, despite accepting scientific evidence of "devastating" impacts.
- The case was brought by two Torres Strait Islander elders, Paul Kabai and Pabai Pabai, who argued the government was negligent in failing to safeguard their ancestral lands from rising sea levels and other climate harms.
- Experts said the ruling exposed critical gaps in Australia's laws, with the judge noting current law provides no effective avenue for individuals to claim relief for climate inaction.
- The claimants expressed profound disappointment but are considering an appeal, while legal experts emphasised the need for Australian law to adapt to the realities of climate change.