ICJ climate ruling set to accelerate litigation


Hey Reader, in today's edition:

  • Climate trigger becoming "inescapable"
  • Zesty green iron in the works from Calix
  • AFL Sydney derby goes green

Australia on notice on climate

A decision by the world’s highest court is expected to accelerate climate litigation on a global scale, experts say.

The landmark — albeit non-binding — opinion from the International Court of Justice (ICJ) in a campaign led by Vanuatu found that government actions driving climate change were unlawful and fossil fuel exporters should be held legally responsible for their emissions.

“The ICJ’s decision brings us closer to a world where governments can no longer turn a blind eye to their legal responsibilities. It affirms a simple truth of climate justice: those who did the least to fuel this crisis deserve protection, reparations, and a future. This ruling is a lifeline for Pacific communities on the frontline.
Vishal Prasad, Director, Pacific Islands Students Fighting Climate Change

Other courts may reference the advisory opinion in their upcoming decisions. It could also strengthen legal arguments in climate lawsuits, especially those targeting fossil fuel companies.

“For the first time, the ICJ opinion says countries can be held internationally liable for failing to do their bit on climate, focusing most intently on the failures implicit in any new approvals for fossil fuel projects or subsidies to make them cheaper,” international lawyer and former climate diplomat Dr Dean Bialek said.

“To me, this makes inescapable the need to embed a climate trigger within efforts to reform Australia’s environmental laws.”

Expert view

“This is a landmark unanimous opinion of the court which is unprecedented in its breadth and precedential value. The Court clearly identifies the extent of legal obligations and the responsibility of all states under international climate law. This extends to the core treaties – the Climate Change Convention, the Kyoto Protocol and the Paris Agreement – and customary international law. The result is that all states, including those not parties to the core treaties, are bound by these legal obligations.

The Court does not make specific reference to individual states, but it does acknowledge the particular circumstances of small island states and their vulnerability to climate change. The Court’s opinion will pave the way for political and diplomatic exchanges between climate change-impacted states and large polluting states over reparations.

For Australia, there are direct references to the importance of human rights treaties and the obligations they create to prevent climate change impacting on peoples. This has implications for Australia’s relations with its Pacific neighbours, and also Torres Strait Islanders who have recently pursued litigation against the Commonwealth in the Federal Court.”

Donald Rothwell
ANU Professor of International Law

Moving the bar on reliability

There’s a stark contrast between the way customers buy most goods and services and the way the market procures and delivers energy reliability.

When consumers buy electricity, they receive the vanilla level of reliability as an integral part of that purchase based on decisions about market settings that were appropriate in a 20th century power system with analogue technology.

Australia's energy rule maker recently kicked off its latest review of the reliability standard to decide the settings for 2028-2032.

They will come into force at the same time as the market undergoes significant change on the back of a review led by energy industry veteran Tim Nelson and the end of the Capacity Investment Scheme.

Catch Up

Capital

Fortescue Group (ASX: FMG) confirmed in a Q2 update that its Gladstone and Arizona hydrogen projects will not go ahead, blaming the Trump administration for the latter decision. (The Australian) (The West)

“I want to make it clear we are not giving up. Green energy and green hydrogen is key to our future, including our green metal strategy. Technology is improving at rapid speed. The cost will come down and the market will come, but we must also be realistic and disciplined. So, we'll reassess and evaluate the future and timeliness of our global projects to ensure that they are economic and will deliver value to our shareholders.”
Fortescue Growth and Energy CEO Gus Pichot

Fortescue is still building one of the three clean energy projects approved by the board in November 2023; a $US50 million green iron plant at its Christmas Creek mine in the Pilbara. The green iron plant is supposed to deliver first production before the end of 2025. (AFR)

Queensland Treasurer David Janetzki said it would be a “national disgrace” if the federal government and major employer Glencore could not work out a way to keep Mt Isa’s copper smelter and refinery open. (AAP)


Projects

The Australian Renewable Energy Agency allocated $44.9 million to Calix to build a demonstration plant using its Zero Emissions Steel Technology (ZESTY). Growing the supply chain for green iron and hydrogen, the plant will aim to produce up to 30,000 tonnes of low-carbon hydrogen direct reduced iron and hot briquetted iron a year.

“As the world’s largest producer and exporter of iron ore, Australia has a critical role in reducing emissions across the steel value chain.”
ARENA CEO Darren Miller

One of the largest open-cut coal projects in NSW suffered a blow, after an Upper Hunter community group successfully appealed the Mt Pleasant project on climate grounds. The Denman Aberdeen Muswellbrook Scone Healthy Environment Group argued the Independent Planning Decision failed to consider the downstream emissions of Indonesian company MACH Energy’s coal mine expansion when it was approved in 2022. Thursday’s decision came after the Land and Environment Court in 2024 upheld the approval for the 444Mt project by NSW’s Independent Planning Commission.

“Today’s decision of the NSW Court of Appeal is truly groundbreaking, and will fundamentally change the way proposals for new and expanded fossil fuel projects are assessed in NSW. The NSW Government has consistently said that when deciding on new and expanded fossil fuel projects, the Independent Planning Commission does not need to consider climate harm arising from emissions, including exported (Scope 3) emissions. The NSW Court of Appeal has just confirmed that the local impacts of climate change on communities are a direct consequence of continued fossil fuel production in NSW. From today, climate harm must be specifically considered when deciding proposals for fossil fuel expansions.”
Environmental Lawyer and Johnson Legal Director Elaine Johnson

Chevron’s $2.3 billion-plus decommissioning on Barrow Island, WA, will be part-funded by the federal and state governments — returning about half the royalties paid over six decades. A Chevron spokesman said some costs would be refunded, it and its partners, Santos (ASX: STO) and ExxonMobil, would bear the vast majority of the total cost. (Boiling Cold)

BP has walked away from a $54 billion solar and hydrogen project in the Pilbara, in a new setback for hydrogen in Australia. “This decision reflects BP’s recent strategy reset, which will see BP grow its upstream oil and gas business, focus its downstream business, and invest with increasing discipline into the transition,” a BP Australia spokeswoman said.(AFR)


Policy

The UK government will appoint a Flexibility Commissioner to support a new roadmap for a “more flexible electricity system”, including the use of tariffs and technologies to allow people to shift energy usage to times when it is cheaper. For example, EV drivers will get discounts on their electricity when using public chargers at off-peak times, which will require suppliers to make information on smart tariffs easier to understand. Supporting more people to use electricity at off-peak times and boosting the efficiency and resilience of the electricity network was estimated at saving up to £70 billion in on system costs by 2050.

“Now, we must place British homes and businesses at the heart of the system; paying them to flex, not paying gas plants to bail us out. That’s how we lower bills, ditch fossil fuel dependency and make clean power by 2030 real.”
Sarah Honan, Head of Policy at ADE: Demand


Meanwhile a group of industry bodies and independent retailers are pushing for an energy market overhaul in New Zealand, saying the sector is “broken” and “driving up the cost of living”. (The Conversation)

US Republicans are moving forward with a plan to withdraw funding from the International Energy Agency, saying the organisation has become overly political. A bill approved by a key House committee on Wednesday would shut off US funding for the Paris-based organisation, which receives about $6 million annually, or about 14% of its budget, from Washington. (Bloomberg)


Regulation

The Australian Energy Market Operator (AEMO) published the Engineering Roadmap FY2026 Priority Actions report, committing to priority actions across National Electricity Market and WAs South-West Interconnected System to support higher renewables, including:

  • Transition point planning analysis for coal retirement, periods of high distributed PV generation, and conditions where the system is operating with up to 100% renewables
  • Getting to grips with future technology capabilities, including analysis of fault current contributions from grid-forming battery energy storage systems
  • Reviewing market settings in the wholesale energy market for operational storage requirements, dynamic load contingency limits, and Rate of Change of Frequency limits, referring to a measure of how quickly the frequency of an electrical grid is changing.

Two technical reports were released with the roadmap: a Technical Review of the NEM Frequency Control Landscape, and an Analysis of Sub-synchronous Oscillations in the West Murray Zone Power System in Australia.

AEMO said it was also testing a new “frequency scanning” method to help wind, solar and battery projects connect to the electricity grid, with trials showing fewer technical and project schedule risks.


Climate

Claiming farmers are being “steamrolled by governments into meeting the net zero demands of inner-city elites and the political class”, the Institute of Public Affairs teamed up with Sky News to launch Faces of Net Zero, featuring selected farming families near the Victoria to New South Wales Interconnector West transmission project in Victoria’s Wimmera and Mallee regions.

The EU and China have released a joint statement on climate. In it, the two “agree to demonstrate leadership together to drive a global just transition” and promote “ambitious, equitable, balanced and inclusive outcomes” at COP30. While statement did not contain any concrete new commitments, climate policy experts welcomed it as reinforcing their willingness to cooperate in the face of the United States quitting international climate action under Donald Trump. (NYT) (Carbon Brief)


People

The Clean Energy Council appointed William Churchill as Chief Policy and Impact Officer. He replaces long-serving Arron Wood, who was recently appointed CEO of Yurringa Energy. Churchill joins the industry body from ACCIONA Energia where he was most recently General Manager, Corporate Affairs.

“Between now and 2030 is a critical period for the sector and the board is committed to ensuring we focus on the delivery of the energy transition and positioning the organisation to meet the needs of its members.”
Clean Energy Council Chair Ross Rolfe

Research

A UNSW-led clean fuel project will scale up with new funding of more than $4 million. A $1.2 million grant from the federal Trailblazer for Recycling and Clean Energy program was boosted by industry partners, with the aim of achieving a critical breakthrough in the reduction of emissions in aviation. A spin-out company, Gurung Fuel, has been created to lead commercialisation and raise capital. The research project is also a strategic opportunity for Australia, which is currently holding only 48 days worth of fuel reserves — far below the 90 days expected under international standards.


Random

ENGIE ANZ will power the Greater Western Sydney Giants through the first AFL GreenPower Game in NSW in Friday’s hometown derby with the Sydney Swans.

“All the electricity used at ENGIE Stadium on the day of the game – from floodlights to sirens and scoreboards – will be matched with investment in renewable energy assets that feed renewable power into the grid.”
ENGIE ANZ Executive General Manager - Retail, Andrea Bernard

What's On

July 29-30
Australian Clean Energy Summit (ACES) 2025

AEMO CEO Daniel Westerman, AEMC Chair Anna Collyer, Climate Change Authority Chair Matt Kean, AGL CEO Damien Nicks, Iberdrola Australia CEO Ross Rolfe and Squadron Energy CEO Rob Wheals are among the lineup at the Clean Energy Council’s flagship event in Sydney.


July 30
Australian Sustainable Finance Summit

Treasury Deputy Secretary Angelia Grant, Original Power Executive Director Karrina Nolan, and Australian Office of Financial Management CEO Anna Hughes are among the line-up at this Sydney event.


August 7-8
2025 ACCC/AER Regulatory Conference

Former chair of UK energy regulator Ofgem Professor Martin Cave, AEMC Commissioner Sally McMahon, Treasury Assistant Secretary - Competition Taskforce Anna Barker, Essential Services Commission Chair Gerard Brody, and Marinus Link Chair Sandra Gamble are among the speakers at this event in Brisbane.


August 13-14
2025 Australasian Emissions Reduction Summit

Victoria’s Minister for Climate Action, Energy and Resources Lily D’Ambrosio, Climate Change Authority Chair Matt Kean, Carbon Market Institute Chair Dr Kerry Schott, Co-Founder and CEO of CORE Markets Chris Halliwell, Investor Group on Climate Change CEO Rebecca Mikula-Wright and BHP Australia President Geraldine Slattery will speak at this event in Melbourne.


August 14-15
First Nations Clean Energy Symposium

Government, industry, academics and regulators will join over 200 First Nations leaders from around Australia at this event on Kabi Kabi country (Sunshine Coast).


August 18
National Press Club

Productivity Commission Chair Danielle Wood will speak on the “Growth imperative: How to fix our productivity problem” at this event in Canberra.


August 26-27
Australian Renewable Heat Conference

Climate Change Authority Chair Matt Kean, ARENA investment manager Peter Haenke, and AGL sustainability expert Brendan Weinert will speak at this event in Sydney.


August 26-28
2025 New Zealand Wind Energy Summit

NZ Minister of Energy Simon Watts, Secretary-General of the World Wind Energy Association Stefan Gsänger, Global Wind Energy Council CEO Ben Backwell, Commerce Commission Chair Dr John Small, and Transpower Executive General Manager - Future Grid John Clarke headline this event in Wellington, NZ.

The Energy

The Energy is dedicated to covering the business of energy and in particular the people, capital, projects and emerging technology behind the energy transition.

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