Hard Truths Case

Australia's coal and gas exports case

This case is scheduled to be heard in the Federal Court from 21–24 July 2026. It will be heard alongside a separate challenge brought by Friends of Australian Rock Art (FARA), also seeking review of Minister Watt’s approval decision.

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Ten Australians are asking the United Nations to hold Australia accountable for the climate harm linked to Australia's coal and gas exports.

Environmental Justice Australia, together with the Human Rights Law Centre and Earthjustice, is representing 10 Australians in a landmark human rights case against the Australian Government.

The claim argues the Australian Government is failing to protect people from the climate pollution linked to Australia's coal and gas exports. It asks the United Nations Human Rights Committee (UNHRC) to declare that Australia cannot continue approving and supporting coal and gas exports without a credible plan to protect people from the dangerous climate change they are driving.

Australia is one of the world's largest exporters of coal and gas. Around 80% of the coal and gas produced here is exported overseas to be burned. Yet because those emissions occur beyond Australia's borders, they are largely excluded from Australia's climate policies and targets – as though they don't count. But the impacts do count.

The climate pollution linked to Australia's coal and gas returns to communities here as more frequent and severe bushfires, floods, extreme heat, rising seas and damage to First Nations Country and culture. The people bringing the Hard Truths case argue Australia cannot ignore those impacts simply because the pollution is released elsewhere.

"Climate harm caused by Australia's coal and gas doesn't stop at a border, and neither does Australia's responsibility for it."
— Hannah White
Senior Lawyer, Environmental Justice Australia

Why this case matters

The Hard Truths case challenges one of the biggest accountability gaps in Australia's climate response.

Successive Australian governments have continued approving and supporting coal and gas exports without accounting for the climate pollution they create overseas or the harm that pollution causes when it returns to Australia.

The 10 Australians argue this approach is inconsistent with Australia's obligations under international human rights law. They say governments have known for decades that burning fossil fuels drives dangerous climate change, yet continue to expand coal and gas production without adequately protecting people from the foreseeable consequences.

For the people bringing this case, those consequences are deeply personal.

Professor Anne Poelina, a Nyikina Warrwa and Warlpiri woman and Chair of the Martuwarra Fitzroy River Council, saw catastrophic flooding inundate her home community of Balginjirr in 2023. Homes, sacred sites, gardens, food plants and the graves of ancestors were submerged. After three years, they are only now beginning to be able to return.

"Despite decades of scientific warnings, governments continue approving coal and gas projects and I believe this is a failure to protect both people and Country from foreseeable harm. We must stop normalising destruction, while ignoring Indigenous knowledge systems that hold important solutions for how we can live in relationship with the natural world."
— Professor Anne Poelina
Nyikina Warrwa and Warlungurru woman, Chair of the Martuwarra Fitzroy River Council and claimant

Volunteer firefighter, wildlife ecologist and conservationist Dr Barry Traill has witnessed the growing intensity of bushfires over decades, both as a scientist and on the fireground. During the Black Summer fires, he survived a burning tree collapsing onto his fire truck – an experience that left him with ongoing trauma and reinforced the devastating consequences of a warming climate.

"As both a scientist and firefighter, I've watched bushfires become more severe and deadly every decade. I believe governments have a fundamental duty to protect people from foreseeable harm. Continuing to allow coal and gas companies to increase pollution, while people face worsening disasters, is a profound failure of responsibility."
Dr Barry Traill
Wildlife ecologist, volunteer firefighter, conservationist and claimant

The legal case

The Hard Truths case argues that Australia is breaching its obligations under the International Covenant on Civil and Political Rights by continuing to approve and support coal and gas exports without adequately protecting people from the resulting climate harm.

The claim says Australia's current approach is incompatible with internationally recognised human rights, including the rights to life, home and family, and the cultural rights of First Nations peoples.

It also builds on a growing body of international law recognising that governments have legal obligations to protect people from dangerous climate change.

"Our clients want the Albanese Government to face the hard truth that successive governments have avoided."
— Hannah White
Senior Lawyer, Environmental Justice Australia

Why the United Nations?

The claim has been lodged with the United Nations Human Rights Committee because Australia has accepted its obligations under the International Covenant on Civil and Political Rights and recognised the Committee's authority to consider complaints from people whose rights have been violated.

The case follows the International Court of Justice's landmark Advisory Opinion in 2025, which confirmed that all countries have legal obligations under international law to do everything possible to prevent significant climate harm. It also comes after Australia joined more than 140 countries in supporting a United Nations resolution reaffirming those obligations.

The 10 Australians, represented by Environmental Justice Australia alongside the Human Rights Law Centre and Earthjustice, are bringing this case because its outcome could help clarify the legal responsibilities of countries that continue exporting fossil fuels while communities experience escalating climate impacts.

"All governments have a legal duty to act on the climate crisis, as affirmed by the International Court of Justice last year. The Australian Government is failing that responsibility by allowing unchecked exports of coal and gas – by far Australia's largest contribution to climate change. We stand with Australian communities in their fight to combat climate change and protect their lives, families, homes, and culture."
— Ramin Pejan
Deputy Managing Attorney, International Program, Earthjustice

What the claim is asking for

The claim asks the United Nations Human Rights Committee to declare that Australia cannot continue approving and supporting coal and gas exports without addressing the climate pollution they create and the harm that pollution causes.

If the Committee finds Australia has breached its human rights obligations, the claimants are asking it to recommend that the Australian Government develop a genuine plan to phase out coal and gas – including exports – in line with international human rights law. They also want the Government to pause approvals for new coal and gas projects while that plan is developed, so Australia's contribution to climate change does not continue to grow.

Ultimately, the claim seeks to ensure Australia's climate policies reflect the full impact of its coal and gas decisions and that people are protected from the foreseeable harm those decisions create.

"They are asking the United Nations Human Rights Committee to declare that it's unlawful for Australia to continue approving and subsidising coal and gas for export without a plan to protect people from dangerous climate change."
— Hannah White
Senior Lawyer, Environmental Justice Australia

Climate harm is already here

One of the central messages of the Hard Truths case is that climate change is not a future threat. It is already affecting people's health, homes, livelihoods and connection to Country.

For Melissa Fisher, who lives in public housing in Adelaide, increasingly severe heatwaves have become a health emergency. Poor insulation means her home becomes dangerously hot, while her chronic illness leaves her vulnerable to heatstroke, infection and hospitalisation.

"I want decision-makers to understand that climate change is already affecting people's health, housing, finances and ability to survive. I hope this case helps push governments to take real climate action and better protect people living with disability, illness and poverty before more lives are put at risk."
Melissa Fisher
Disability and anti-poverty advocate and claimant

The claimants come from different parts of Australia and different walks of life, but they share one belief: governments have a responsibility to protect people from the foreseeable harms of climate change. They argue Australia can no longer treat the climate pollution from its coal and gas exports as someone else's problem.

The outcome of this case could have implications well beyond Australia. It could help shape how governments around the world understand their responsibility for the climate impacts of fossil fuel exports and help close one of the biggest accountability gaps in global climate action.