Law Council of Australia

Legal Practice Section

Interview with David Hertzberg

Recipient of the 2024 Mahla Pearlman Award for the Australian Young Environmental Lawyer of the Year

What does it mean to you to be awarded the 2024 Mahla Pearlman Australian Young Environmental Lawyer of the Year Award?

It’s a great honour to receive this award. It’s wonderful recognition of work performed by the whole team at Equity Generation Lawyers and by dedicated counsel. And none of what we do would happen without the passion of our brave clients. So I’m very grateful to those who have contributed so much to our work.

Over the course of your career so far, what are some of the key highlights you are most proud of?

I’ve been lucky enough to be involved in some exciting, groundbreaking climate litigation. One highlight was working on our successful High Court challenge to Victoria’s electric vehicle tax. Our clients were EV drivers whose primary concern was removing a barrier to the uptake of EVs in Australia. But the case also had significant implications for the balance of power between the Commonwealth and the States. Another highlight has been acting for our client, Parents for Climate, in a greenwashing case against EnergyAustralia.

It’s the first case in Australia which targets the marketing of consumer products as “carbon neutral”. The case is significant because it gets at the problems with the use of carbon credits to “offset” fossil fuel emissions – a practice which is incredibly widespread and incredibly problematic. I would also mention acting for our client, Katta O’Donnell, in a class action against the Commonwealth which alleged that the Commonwealth failed to disclose climate risk to the value of sovereign bonds. The case ultimately resolved by way of settlement; as part of that settlement, Australia became the first AAA rated country to acknowledge the possibility that climate change will affect the value of sovereign bonds.

What’s next? What are your goals for the future?

I feel pretty lucky to work on things that I care deeply about and which are also so professionally rewarding. I’m keen to keep acting for clients looking to assert their rights and improve our response to environmental challenges.

What would you like to change if you had the power to do so?

I would align government policy with the best scientific evidence on what is required to avoid the worst impacts of climate change and biodiversity loss.

What advice would you give to a first year law graduate who is interested in pursuing a career in environmental law?

It’s probably never been a better time to pursue a career in environmental law, because there are so many ways to work on climate and broader environmental issues. Most career paths – whether in private practice, government, public interest or in-house – will provide opportunities to engage with these issues. And my experience shows that you can move from other areas (in my case, commercial litigation) into environmental litigation. So wherever you land your first job, my advice is to explore how environmental law intersects with your work and keep a lookout for opportunities to make that your focus.

Last Updated on 11/09/2024

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