Winning the case: litigation can tackle climate change

At Monash University, it’s not just the scientists that are working to shift the dial on climate change; it’s the lawyers as well.

Recognising the importance of litigation in ensuring a safe and sustainable future, Monash University established the Climate Justice Clinic in 2019; an ambitious project which aims to make a tangible difference to reducing emissions in Australia by empowering the next generation of environmental lawyers.

Based at the Monash Law Clinics and established by Emeritus Professor Adrian Evans, one of the pioneers of clinical legal education in Australia, students are taught to use their legal skills to address the urgent need for increased action on climate change mitigation.

“With our global climate unravelling, it was important to ensure that Monash Law students, as future lawyers, were in the vanguard of those doing something about reducing emissions,” explains Evans. “We set up this clinic to encourage our students to make personal connections between their legal practice and all our futures on this earth.”

Philanthropy empowers the next generation of environmental lawyers

The impact of the Climate Justice Clinic is amplified by the generous support of donors like Brian Snape AM.

“Many people are aware of the important role being played by environmental lawyers, who often successfully challenge illegal actions which seriously affect the environment,” says Snape. “It seems to me that we have an opportunity to support this valuable service by encouraging final year law students to appreciate the importance of environmental lawyers and the possible career opportunities the Climate Justice Clinic provides.”

Since inception, over 100 students have participated in the Climate Justice Clinic.

Students have described their experience of the clinic as “one of the favourite parts of their degree” and “a fantastic learning opportunity”.

They emphasise that it allows them to develop their practical legal skills and presents them with unique opportunities such as taking part in client meetings with national environmental organisations.

“I came away feeling more optimistic about the prospective legal remedies in the space. It was great to see all the things people are doing to bring about change, in and outside the law." - Former Climate Justice Clinic student

Each student is taught using an experiential clinical model, in which they are put in positions of responsibility for real clients with real legal problems under the supervision of appropriately qualified practising lawyers.

This potent mix of education and advocacy, backed by a compelling legal framework, gives students the opportunity to direct their skills towards a cause that impacts us all. Climate change is here, and investing in climate litigation is a powerful way to drive change for the good of current and future generations.

“This allows students to see the existential concerns of client NGOs as real and immediate,” says Evans.

Still, there is so much more that can be done, says Evans.

“Our next step in expanding the impact of the clinic is to partner with philanthropy to employ a litigator who will lead students in appropriate litigation work,” he says. “Without this, our impact is limited to research and advice. Hiring a litigator will bring together our students, expertise, networks and cases to directly contribute to necessary reductions in Australia’s emissions.