The Adani Carmichael Coal Mine in the Galilee Basin of Queensland is
one of the largest open cut coalmine proposals in the world. The
development approval process for the mine has been deeply contentious,
with opposition raised by environmental, farming and indigenous groups.
Federal government approval of the mine has been successfully
challenged in the Federal Court through judicial review. This led to a
reconsideration and subsequent re-approval of the project, combined
with the Federal Government proposing statutory changes to standing
rules to restrict the capacity of civil society groups to bring judicial
review actions. Given the broad standing provisions for judicial review
that have been present in the Environment Protection and Biodiversity
Conservation Act (Cth) (‘EPBC Act’) since its inception in 1999, what
are the reasons behind this proposal for significant change in Australian
environmental law? Drawing on phronetic legal enquiry methodology,
this article provides a case study of the ways in which societal discourses
intersect with law and political economy in shaping the ability of civil
society to challenge the approval processes for major resource projects.
This case study shows that the Federal Government’s agenda to reduce
standing under the EPBC Act represents a decisive attempt to assert
power and control by reducing the capacity of dissentients to oppose
economic development. In doing so, this case study highlights the value of
phronetic legal inquiry as methodology for analysing processes of
change, and attempted change, in law.