The Environmental Defenders Office (EDO) has been hit with $9 million in legal costs after a bruising defeat in the federal court, where Justice Natalie Charlesworth delivered a withering critique of the evidence it presented.  

Acting on behalf of Tiwi Islanders, the activist group had sought to challenge Santos' $5.7 billion Barossa gas project, alleging threats to underwater cultural heritage.  

Justice Charlesworth's ruling dismissed the claims, marking a significant setback for the activist-led legal action. 

Earlier this year, the federal court ruled that the claim made by a group of 11 Tiwi Islanders—supported by EDO—asserting that the pipeline would harm areas of cultural significance was not "broadly representative" of the views held by First Nations people in the area.  

The decision favoured Santos, with the court dismissing the application and discharging the injunction that prevented pipelay activities south of the kilometre 86 (KP86) point along the Barossa Gas Export Pipeline in the Timor Sea.  

Subsequently, Santos started legal proceedings against the legal group to recoup costs.  

Joshua Burgoyne, the NT minister for lands, planning, and environment, welcomed the court order, saying it had positive ramifications for the Territory. 

"This decision calls out environmental ‘lawfare,' where environmental groups seek to stall and stop proponents from continuing developments," Burgoyne said.  

"We won't allow activists and economic vandals to manipulate their way into halting or delaying key Territory projects with mistruths and false information." 

Burgoyne added that the federal court's decision was a testament to the Territory's and Commonwealth's environmental laws, showing they withstood robust scrutiny through the court system. 

In April, Santos formally petitioned the federal court to subpoena several activist entities, namely Sunrise Project, ECNT, Market Forces, and Jubilee, and secure court approval to access activists' financial records and correspondences.   

This calculated manoeuvre aims to ascertain whether these separate organisations contributed financially to the EDO, which has received funds from the Australian government.  

The documents subpoenaed in the ongoing court battle between Santos and EDO were published on Wednesday, revealing what the O&G peak body, Australian Energy Producers, describes as "inappropriate conduct."   

Australian Energy Producers urged the government to stop funding EDO, citing, "It is unacceptable that the EDO continues to receive $2 million a year in taxpayer funds from the federal government to disrupt and delay critical energy projects and put Australia's economic and energy security at risk".  

EDO states on its website that it uses the law to protect Australia's environment, people, and wildlife.  

Source: Energy News Bulletin