There is a growing concern within the resources industry about activists’ use of the legal system to disrupt and delay major projects. Currently, referred to by many as ‘lawfare’, the tactic is not new. However, recent challenges to high profile cases, such as the Adani Carmichael Coal Project, has brought renewed focus to the tactics being used by activists to further their agendas, and a perception at least that the risk to the industry is ever increasing. This paper looks at trends and novel developments in national and international environmental law, and considers what implications this may have for the development of oil and gas projects in Australia.