Doctors take their climate case to the Federal Court
UPDATE 22 August 2025: Doctors for the Environment Australia has expressed disappointment after the Federal Court upheld the government’s approval of the Scarborough Gas Project’s environment plan, clearing the way for the controversial project to go ahead.
“In the context of the climate emergency unfolding before our eyes, governments must ensure fossil fuel project approvals adhere to laws designed to protect the environment and the community.”
Doctors for the Environment Australia Executive Director Dr Kate Wylie
A new fossil fuel project in a climate emergency
In February 2025, Australia’s national offshore oil and gas regulator NOPSEMA accepted Woodside’s environment plan (EP), the last approval required for the Scarborough Gas Project.
The EP gives Woodside approval to drill for gas in the Scarborough Gas Field and send it to the Burrup Hub processing facilities on Murujuga (Burrup Peninsula) in WA, primarily for export to international markets.
The Scarborough Gas Project will result in the release of about 878 million tonnes of carbon dioxide equivalent, adding to the immense health burden that climate change is already putting on the community.
Doctors for the Environment Australia, the leading medical voice on health and climate in Australia, believes NOPSEMA acted unlawfully by accepting Woodside’s EP without fully understanding how the climate impacts of the Scarborough Gas Project would be managed.
“Fossil-fuel-induced climate change is already hurting people and making them sick. As clinicians, DEA members are treating the impacts of climate on health in our daily work.”
Doctors for the Environment Australia Executive Director Dr Kate Wylie
Hear from DEA’s Chair, Dr Nick Talley, and DEA’s Executive Director, Dr Kate Wylie
“If government agencies fail to meet their own legal standards in their assessments, it is incumbent upon civil organisations like DEA to hold them to account.”
DEA Executive Director Dr Kate Wylie
A key climate decision to be scrutinised in court
In May 2025, DEA launched judicial review proceedings in the Federal Court of Australia.
On behalf of our client, EDO lawyers will argue that certain measures and controls in the EP are so vague that they do not comply with the regulations or meet the required criteria before an EP can be approved by NOPSEMA.
If the court finds that NOPSEMA’s decision is unlawful and sets it aside, a new decision on the EP will be needed for the Scarborough Gas Project to proceed.
If the case is successful, we could see future proposals face more rigorous greenhouse gas assessments by NOPSEMA, and more effective environmental controls put in place to address impacts.
“Doctors have a duty of care to take action when public health is threatened, much as we have done in the past with tobacco and other harms.“
DEA Executive Director Dr Kate Wylie
Acting to protect environment and public health
The scientific consensus and the advice of the United Nations is that new fossil fuel projects are incompatible with a safe climate and human health.
Yet governments around Australia continue to approve new coal and gas projects.
This case is about accountability and the rule of law. It is also about keeping Australians safe and healthy.
“As DEA members, what we see is that our planet’s health is in trouble. We look around and treat the health impacts of climate change and biodiversity loss in our work. And we can’t sit by and watch our planet’s health decline when we can do something about it.”
DEA Executive Director Dr Kate Wylie
