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The Czech Climate Case: Uncertainty after the Case’s Dismissal

ClimateChange-ClimateLaw

On November 26, 2024, the Supreme Administrative Court of the Czech Republic dismissed the countrys first strategic climate case ( Klimatick aloba R v. Czech Republic ), finding that the European Union (EU)s commitment to reduce emissions by 55 percent by 2030 is a collective obligation, not an individual one for Czechia.

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December 2020 Updates to the Climate Case Charts

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The appellate court also found that even if the trial court erred, the error was harmless because the State proved both acts beyond a reasonable doubt. Hawaii Court Ruled that Commercial Aquarium Fishing Required Environmental Review. The Court also accepted interventions by NGOs and other interested cities.

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Guest Commentary: An Unexpected Success for Czech Climate Litigation

ClimateChange-ClimateLaw

On June 15, 2022, the Prague Municipal Court, a first instance administrative court, decided in favor of the plaintiffs in the first Czech strategic climate case ( Klimatická žaloba ?R 2022 Prague Municipal Court Decision. The defendant ministries were thus enjoined from continuing to interfere in such a way. On standing.

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September 2021 Updates to the Climate Case Charts

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Under the Endangered Species Act, the court vacated the FWS’s biological opinion because the incidental take statement lacked “the requisite specificity of mitigation measures for the polar bear” and because the take finding for the polar bear was arbitrary and capricious. On August 31, BOEM issued a record of decision for Lease Sale 257.

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June 2021 Updates to the Climate Case Charts

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Justice Sotomayor dissented, writing that she believed the Court’s interpretation would allow defendants to “sidestep” the general bar on appellate review by “shoehorning” a civil rights or federal officer removal argument into their case for removal. Hague District Court Ordered Shell to Reduce Its Emissions 45% by 2030.

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August 2021 Updates to the Climate Case Charts

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Washington Supreme Court Said Climate Activist Was Entitled to Present Necessity Defense Based on Evidence that Legal Alternatives Were Not “Truly Reasonable”. The Ninth Circuit declined to remand with instructions for dismissal of the underlying action and also declined to vacate any district court decisions.

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