Climate and finance


Climate risks are financial risks. The Paris Climate Agreement means ‘business as usual’ is no longer an option. Australian regulators have confirmed climate change is a financial risk. Barristers’ advice puts directors on notice for not considering the risks. Government officials must act with care and diligence. These are the new realities for investors and financiers.

But climate change risks are not being taken seriously. That’s where we step in.

EJA exposed serious flaws in plans for a government subsidy to support Adani’s Carmichael project – a proposal for the world’s largest new coal mine. The Northern Australia Infrastructure Facility (NAIF) considered lending $1 billion in taxpayers’ money to a coal railway to service Adani’s mine. EJA exposed NAIF board members’ conflicts of interest, raised serious questions about NAIF’s Risk Appetite Statement and its Anti-Money Laundering policy and advised that NAIF’s officials would breach their duties if the loan proceeds.

EJA’s research has revealed the legal framework governing the operation of Australia’s Export Finance and Insurance Corporation (EFIC) contains Constitutional, political and legal roadblocks that would preclude loans and payments for projects like Adani’s Carmichael coal mine. Read our report and analysis.

EJA is the only legal practice in the world to file court proceedings against a bank over climate risk disclosure. In July 2017 we lodged the case in the Federal Court of Australia against the largest public company in Australia, the Commonwealth Bank. The case was brought by long-term shareholders alleging the bank failed to adequately disclose climate related risks in its annual report.

A report by EJA, Fracking the Northern Territory, examined the NT Government’s recent decision to lift its popular moratorium on hydraulic fracturing following a scientific inquiry into the impacts of fracking. In July 2018 EJA, on behalf of the Institute for Energy Economics and Financial Analysis (IEEFA), has requested that the Australian Energy Market Commission (AEMC) remove an exemption that allows Jemena’s Northern Gas Pipeline to not comply with National Gas Rules. The exemption means consumers could be out of pocket more than $2.5 billion over 15 years when buying fracked Northern Territory gas funnelled through Jemena’s pipeline.

Summer legal experience on the Torres Strait

March 31, 2020

A protest sign being held up in the air that reads 'Wake Up' with an image of the earth burning

Updates to Victoria’s climate change response

March 31, 2020

Law students apart of the climate justice law clinic

Growing the next wave of climate justice lawyers

November 29, 2019

Australian govt releases climate risk guidelines following landmark court cases

December 21, 2018

NT’s deal with gas company to cost consumers $2.7 billion and enable fracking

December 10, 2018

World first legal action to test trustee duties on climate risks filed against A$50 billion fund

October 3, 2018

A 23-year-old is taking a $50bn super fund to court over climate change

July 25, 2018

Double standards on climate risks – Government protects big investors but not taxpayers

July 23, 2018

EJA files complaint with Ombudsman about EFIC

July 6, 2018

Climate and finance: news and media

February 3, 2020

Australian lawyers raise serious concerns with Siemens CEO about Adani breaches

August 7, 2019

Submission on AEMC’s Draft Rule Determination National Gas Amendment (Northern Gas Pipeline – Derogation From Part 23) Rule 2019

December 10, 2018

NT’s deal with gas company to cost consumers $2.7 billion and enable fracking -OLD

October 7, 2018

Whitehaven Coal buckles on carbon disclosure after ASIC warning (Australian Financial Review)

October 3, 2018

Super fund alleged to have breached duties over climate change risk (Sydney Morning Herald)

September 20, 2018

Response to ASIC report on climate risk disclosure