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Future Trends in Climate Litigation Against Governments

ClimateChange-ClimateLaw

States’ inadequate responses to the climate crisis have driven the rise of litigation cases against national and sub-national governments. Next week’s judgments from the European Court of Human Rights in its first climate cases will be another significant factor to shape this field – so watch this space for more analysis to come!

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Understanding Unsuccessful Climate Litigation: The Spanish Greenpeace Case

ClimateChange-ClimateLaw

On June 20, 2023, the Spanish Supreme Court handed down its final ruling in the case of Greenpeace v. The decision, formally communicated to the parties on July 27, marks a pivotal moment in climate litigation. However, the Supreme Court found that the Spanish Government had complied with the Paris Agreement and the EU legislation.

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South Korea’s Constitutional Court mandates concrete carbon-reduction targets through 2049

JURIST

The Constitutional Court of South Korea ruled on Thursday concerning the constitutionality of several key provisions related to the nation’s greenhouse gas (GHG) reduction targets, impacting the future of the country’s climate policy.

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Portugal sued by environmental groups over failure to fulfill legislation tackling climate change

JURIST

Three Portuguese environmental groups, Ultimo Recurso, Quercus and Sciaeno, filed a legal action in court Monday against the Portuguese government in response to the perceived lack of effort to enact legislation created to tackle climate change. This act represents the growing rise of climate-related lawsuits.

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The Transformation of European Climate Change Litigation: Introduction to the Blog Symposium

ClimateChange-ClimateLaw

In a transformative moment for European and global climate litigation, the European Court of Human Rights (ECtHR) ruled today that the state has a positive duty to adopt, and effectively implement in practice, regulations and measures capable of mitigating the existing and potentially irreversible future effects of climate change.

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Guest Post: Climate Litigation in Japan: Citizens’ Attempts for the Coal Phase-Out

ClimateChange-ClimateLaw

The Supreme Court of Japan may soon weigh in on a growing field of climate litigation in Japan against coal-fired power plants. On May 6, 2022, the Citizens’ Committee on the Kobe Coal-Fired Power Plant filed an appeal to Japan’s Supreme Court in Citizens’ Committee on the Kobe Coal-Fired Power Plant v. Civil law cases.

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A look back at significant decisions in climate litigation in 2022

ClimateChange-ClimateLaw

As noted at the end of last year, 2021 was significant for climate litigation, with several decisions worldwide providing a fresh look at stakeholder responsibility for climate change. Courts in the Czech Republic and the United Kingdom have provided oversight of government climate mitigation actions. Photo by Matt Palmer on Unsplash.