Waging Lawfare: Law,Environment and Depoliticization in Neoliberal Australia

ABSTRACT

When environmental NGOs in Australia successfully sued the nation’s environment minister in August 2015 to temporarily withhold environmental approval for Australia’s largest coal mine, the ruling Coalition government accused environmentalists of waging “lawfare.” Through a critical discourse analysis of Parliamentary debate and media coverage, this article explores the lawfare battles fought in Australia in 2015, arguing that these were a site of depoliticization, in Mouffe’s (2005, Mouffe, Chantal. 2005. On the Political. Abingdon: Routledge) sense of the term. By exploring how the question of legal regulation of coal mining was rationalized, moralized, and stripped of significant political or ideological differences, this seeks to add to our understanding of processes of depoliticization by considering metadiscourses concerning “the law.”