Google AI


Modern Australian

Why this new climate case against the high-polluting Scarborough gas project is so significant

  • Written by: Jacqueline Peel, Director, Melbourne Climate Futures, The University of Melbourne
Why this new climate case against the high-polluting Scarborough gas project is so significant

A major new climate case to stop Woodside’s controversial Scarborough gas project going ahead has been filed by the Australian Conservation Foundation (ACF) in the federal court this week. ACF lawyers argue that the potential for the project’s emissions to harm the Great Barrier Reef must be assessed.

While the case has only just begun, as legal experts, we see this as a landmark challenge.

Gas is often presented as a “transition fuel” towards a green economy. Woodside argues the Scarborough development will help to reduce global emissions by replacing coal with “cleaner” gas. But scientists say gas must rapidly exit the global power sector to keep the Paris Agreement’s 1.5℃ temperature goal in reach.

Indeed, a 2021 study found if the full Scarborough-Pluto project goes ahead, it’ll release over three times Australia’s current annual emissions.

ACF’s case against Woodside will be an important test of Australia’s new climate credentials. It will also fundamentally confront the question: what role, if any, will gas play in the energy transition?

The Scarborough gas project will export gas from WA to countries in Asia. Shutterstock

The next frontier of climate litigation is gas

Australian climate lawyers are no stranger to challenging approvals for coal mines in the country. The ACF’s case brings similar strategies to the Scarborough gas project.

Woodside’s Scarborough-Pluto gas project proposes to drill and pipe gas from off the coast of Western Australia, mainly to supply natural gas to countries in Asia.

The company has said their oil and gas projects are consistent with their science-based, Paris-aligned reduction targets for scope 1 and scope 2 emissions, which include emissions directly released from the project, such as leaking methane. But this doesn’t include the scope 3 emissions, which are associated with burning gas by overseas customers.

Read more: The ultra-polluting Scarborough-Pluto gas project could blow through Labor’s climate target – and it just got the green light

As the 2021 study concluded, the Scarborough gas project will cause an estimated 1.37 billion tonnes of cumulative emissions by 2055.

Despite these potentially significant climate change impacts, the Scarborough gas project has never been approved under Australia’s environmental protection law, the EPBC Act.

Wide shot of a white bleched bed of coral The Great Barrier Reef is slowly recovering from recent coral bleaching, and ACF argues Woodside’s gas project will destroy the reef further. Shutterstock

This is because Australian law allows all offshore gas and oil projects to be assessed under a streamlined process by the offshore regulator, the National Offshore Petroleum Safety and Environment Management Authority. The EPBC Act also doesn’t include a “climate trigger” requiring the climate change impacts of projects to be assessed.

Lawyers for the ACF will argue the project is likely to have significant impacts on the heritage values of the Great Barrier Reef.

They’ll point to the broader carbon footprint of the project, arguing the burning and consumption of the gas in other countries will increase greenhouse gas emissions in the atmosphere, thereby increasing global average surface temperature, and increasing the risk of mass coral bleaching in the Great Barrier Reef.

Until an environmental impact assessment has taken place, lawyers say Woodside must be restrained from developing the Scarborough gas project.

An uphill battle?

The ACF’s case has only just begun and will likely encounter headwinds in efforts to make out its novel claim.

Last year, we saw the disappointing result in the Sharma case, where the federal court unanimously overturned a finding that the federal environment minister owed Australian children a duty of care to prevent harm from emissions caused by approving a coal extension project.

Anjali Sharma speaks to the media outside the NSW Federal Court with other kids behind her The Sharma case involved eight high school students, who sought to stop the federal environment minister approving a coal mine expansion in NSW. Dean Lewins/AAP

Indeed, other challenges to the Scarborough gas project in the WA supreme court have not found success, nor have challenges to another gas project, Narrabri, in NSW.

But the ACF case takes a different tack. It uses an application for an injunction to allow evidence be given about how the Scarborough project impacts the environment. On the other hand, previous challenges to the Scarborough gas project focused on the decision-making process.

And in recent years there have also been other notable cases in the Rocky Hill litigation and the KEPCO mine, where the courts have refused to approve new fossil fuel developments on environmental grounds.

Read more: Today's disappointing federal court decision undoes 20 years of climate litigation progress in Australia

Between a climate crisis and an energy crisis

The ACF’s case against Woodside’s Scarborough gas project is linked to much broader tensions between the need for urgent climate ambition, the global and domestic energy crisis, and arguments around needing gas as a transition fuel.

A close up shot of the Woodside building Woodside’s gas project will make it difficult for Australia to meet its climate targets by 2030. Shutterstock

Globally, the validity of gas as a transition fuel is being tested.

Last year, the International Energy Agency published a pathway for the planet to reach net zero emissions by 2050. Under this pathway, there would be “no new oil and gas fields approved for development […] and no new coal mines or mine extensions”.

Read more: 4 reasons why a gas-led economic recovery is a terrible, naïve idea

And this month, Climate Analytics published analysis saying gas “must exit electricity generation rapidly after coal – as early as 2035 in rich countries, and by 2040 for the rest of the world – to keep the Paris Agreement’s 1.5℃ limit in reach”.

Even Woodside’s own investors are questioning the company’s pathway in the transition to net zero, with nearly 50% of shareholders voting against its climate report, as it lacked detail and overly relied on carbon offsets.

At the same annual meeting, though, Woodside’s shareholders voted resoundingly in favour of the company’s merger with BHP’s petroleum arm. This cemented BHP’s move away from fossil fuels, and significantly increased Woodside’s oil and gas portfolio.

If the ACF case succeeds, it’s likely to be harder for future gas projects of this scale to be approved.

Beyond any courtroom result, cases such as the ACF’s challenge raise public awareness and conversations among policymakers about the future trajectory of the clean energy transition in this country. And this case could break new ground.

Authors: Jacqueline Peel, Director, Melbourne Climate Futures, The University of Melbourne

Read more https://theconversation.com/why-this-new-climate-case-against-the-high-polluting-scarborough-gas-project-is-so-significant-185578

Why the Spring School Holidays Are a Great Time to Visit Coffs Harbour

The spring school holidays are a good time to spend a few days on the Coffs Coast. The weather is starting to warm up, there is plenty to do outdoor...

What to Do When an Older Car Is No Longer Worth Keeping in Melbourne

Ever looked at another repair quote and wondered whether your old car is still worth the trouble? It is a common turning point for Melbourne motoris...

Your Baby's First Year: A Local Guide to Feeding, Sleep, and When to Get Extra Support

Ask ten parents in a Brisbane mothers' group how their baby is feeding or sleeping, and expect ten different answers.  Someone's baby sleeps throug...

Kitchen and Laundry Makeover Ideas That Don't Require a Full Renovation

Full kitchen renos are expensive — and most people don't actually need one.  They need the kitchen to stop looking like it's stuck in 2009, or they...

How Technology Is Reshaping the Modern Australian Commercial Kitchen

The commercial kitchen has always been shaped by technology. Refrigeration changed how ingredients could be stored, modern ventilation transformed k...

The Number on a Roller Blind Fabric That Nobody Explains

Somewhere in the fabric book, next to the colour name, there is a percentage. Three per cent. Five per cent. Ten per cent. Nobody explains it, most c...

What’s Trending in Men’s Jewellery This Father’s Day!

Finding a Father’s Day gift that feels personal, stylish and genuinely wearable is not always easy. While socks and novelty mugs have traditionally ...

Road Signs: Understanding Their Role in Clear and Effective Signage

Effective signage and display hardware can help businesses communicate information, promote products and organise customer or visitor movement. Road...

Bottle Label Printing: Key Factors to Consider Before Your Next Packaging Run

Effective packaging begins with understanding the product, bottle material, artwork and production requirements when planning bottle label printing. H...

Planning a Long-Distance Move With Interstate Movers Melbourne

Moving between states involves more planning than a typical local relocation. Along with packing and transporting household belongings, you need to...

Understanding the Role of an I/O Controller in Industrial Automation

Modern industrial systems depend on accurate communication between sensors, machines and control systems. An I/O controller can help manage this commu...

How the Right Mining Hose Supports Demanding Operations

Mining environments place considerable demands on equipment used for material transfer, water management and processing. Hoses operating in these co...

Simple Ideas for Making Social Gatherings More Memorable

We have all been to those parties where everyone just stands around the kitchen island, staring at their phones, waiting for someone else to make a mo...

Outdoor Wall Lights: Improving Exterior Lighting Around Your Home

Lighting can influence how a room looks, feels and functions, so the right fitting should be selected according to both appearance and practical req...

Commercial Office Cleaning: Combining Routine Office Cleaning With Melbourne Service

Keeping a workplace clean requires a service that can accommodate everyday tasks as well as the particular needs of the business. Professional comme...

Caravan Sales in Queensland: How to Find the Right Caravan for Sale QLD

Caravan ownership is about more than having somewhere to sleep while travelling. For many Queenslanders, it is one of the best ways to explore regio...

What Sir Walter Buffalo Turf Actually Costs in 2026 (And Why Quotes Vary So Much)

Two quotes landed on a Hills District homeowner's kitchen table last spring for the exact same 80-square-metre backyard. One said $12 a metre. The o...

Nearly 1,300 NSW Hospital Beds Are Occupied By People Who Are Ready To Go Home

1,276 people in NSW hospitals have been medically cleared for discharge but remain in hospital because they're still waiting for NDIS or aged care sup...