Climate Justice Legal Project
As the climate crisis intensifies, it’s become clear the only meaningful way to turn things around is through action taken at a structural level. This means redesigning our laws, institutions, policies and services so they work for all of us, not just some of us. Enter the Climate Justice Legal Project, a collaboration between the Federation of Community Legal Centres, Environmental Justice Australia and the Climate Council. Recently established, it exists to support community lawyers address the impacts of climate injustice by running litigation on behalf of individuals and communities experiencing climate harm and shaping policy and law reform to accelerate ambitious climate action.
Christine Carlisle, President of Environment Council of Central Queensland, with Elizabeth McKinnon, Co-CEO is Environmental Justice Australia, at a Living Wonders press conference.
As the first year of the Climate Justice Legal Project comes to a close, can you reflect on what you set out to do and how you went?
A key goal of the project is to better understand how climate change is impacting people’s everyday legal needs – then act decisively to meet those needs by addressing the current harm and acting to stop further harm.
This year we have spent significant time building and developing the foundational aspects of the project, together with our implementing partners, the Federation of Community Legal Centres and the Climate Council.
Lawyers in Community Legal Centres work every day with people experiencing climate injustice. We have been supporting these community lawyers to better empower people impacted by climate disruption to seek justice.
This might look like access to legal services that understand how climate change impacts people’s legal needs and have trauma-informed and culturally appropriate tools to respond, so people receive support that actually helps them get back on their feet.
We have run successful training sessions and are working with our partners to grow the capacity of Community Legal Centres and partner organisations to identify, anticipate and respond to the legal needs of people impacted by climate disruption.
What are some of the issues you’re focused on right now?
It is clear that the same issues come up again and again for people on the frontline of the climate crisis in Victoria. One of the most pressing is the confluence of extreme heat in public and community housing – collectively known as social housing.
We are hearing anecdotal evidence of people affected by the oven-like temperatures in their homes. When summer temperatures soar, too many people don't have the basics – like affordable air conditioning, insulation, ceiling fans and windows that open more than a few centimetres. In heatwaves, families are forced to escape the heat in local shopping centres and libraries. Too often, kids have trouble focusing at school because it’s hard to sleep at night.
No matter where we live or who we are, we all have the right to safe and comfortable homes – and as we experience climate disruption, public housing tenants need energy efficient and weatherproof houses more than ever. Yet in Victoria, there are currently no minimum standards related to cooling in social housing, despite heatwaves killing more Australians than any other weather event. CJLP is focusing on making this big and increasing issue clear, and advocating for the changes communities are seeking to make their homes safer.
When it comes to addressing climate injustice, what's at stake if we can't get this right?
Climate justice and social justice are deeply intertwined and unless we act decisively to embed justice in all that we do, the lives of communities already facing injustice and oppression will become even harder as the climate crisis deepens.
People experiencing climate disruption are more likely to also experience discrimination based on their class, race, economic situation, their gender, history, ethnicity, location, politics and other power imbalances.
Already, people across Victoria are experiencing the impacts of climate breakdown – but not evenly. Those who have contributed least to this crisis are already paying the highest price.
Often, policy failures and a lack of government planning make it difficult for these communities to protect themselves from climate disruption. And too often, they are turned away from the places that are supposed to help them.
We know climate disruption will continue to challenge people across Victoria, and especially disrupt access to justice. These barriers can be physical – like extreme weather making it difficult for Community Legal Centres to stay open despite people urgently needing help. And these barriers can be less visible – like a lack of legal remedies for communities experiencing climate injustice.
This project recognises that from now on, all attempts to address climate change must also create a fairer society in the process. At the same time, we believe all efforts to create a fairer society must also respond to the realities of climate disruption.
Christine Carlisle, President of Environment Council of Central Queensland, and Retta Berryman, Environmental Justice Australia lawyer, outside the Federal Court.
As we go into what's being forecast to be a potentially devastating summer, how are CLJP preparing?
The issues we are looking at are exacerbated by climate change. The forecast for summer is another reminder that the time to act is now, and we need to work together to keep everyone in the community safe and resilient. There is a real sense of urgency with our work knowing that there is a large cohort of people who are systematically underinvested in. It is they who will be disproportionately impacted by a hot summer as they face stifling homes, mould growth from extreme rainfall, storms and flooding, and serious health consequences.
What are some of the big learnings for CLJP in its first year?
We have learnt that language matters! Too often, the media, politicians and advocates typecast communities as “vulnerable” as if that’s their only defining feature. These stereotypes reinforce opposition framing that these communities are inherently dysfunctional. They scapegoat people themselves as the problem and deflect attention away from the real cause of the situation: often specific policies by government decision makers or behaviour by specific companies.
What's coming up for CLJP?
The months ahead will see us speaking with people and communities who are experiencing first-hand a summer of extreme heat in social housing. We will be looking at ways to build an evidence base grounded in lived experience and scientific evidence, while exploring what role an advocacy campaign can play in shifting the political dial. With almost 163,000 people living in social housing in Victoria, we hope to bring about real policy and law reform changes for this group of people heavily impacted by climate injustice.
How has Groundswell helped CLJP achieve its goals?
Groundswell’s funding helped turbocharge our pilot year. Seeking funding for projects in their infancy is challenging, so we are thrilled to have the backing of the Groundswell community who saw potential in what we are trying to achieve. We wouldn’t be where we are without you - thank you!