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Shell wins appeal in landmark Netherlands climate case

JURIST

A Netherlands appeals court overturned a landmark 2021 ruling requiring Shell to cut its carbon emissions by 45 percent by 2030 on Tuesday. The court cited the company’s duty of care to mitigate climate change risks. Environmental groups, including Milieudefensie, expressed disappointment with the decision.

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Climate Litigation in Japan: What to Expect in 2025

ClimateChange-ClimateLaw

In Japan, climate litigation ( / Kiko soshou ) has been used to challenge the legality of the construction and operation of the coal-fired power plants and promote coal phase-out. See Japanese Court Upholds Mistakes in post-disaster Energy Policy in Yokosuka Climate Case Decisions.) Sendai Power Station ). Kobe Steel Ltd.,

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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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Litigating Enforcement: Germany’s Contested Climate Governance and the New Wave of Climate Litigation

ClimateChange-ClimateLaw

Climate litigation in Germany has achieved another major victory. On November 30, 2023, the Higher Administrative Court Berlin-Brandenburg ruled in DUH and BUND v. The program is intended to ensure compliance with the annual emission targets for the building and transportation sectors for the years 2024 to 2030.

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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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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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Climate activists challenge Norway’s Arctic oil plans in Europe rights court

JURIST

A group of Norwegian climate activists on Tuesday formally requested that the European Court of Human Rights (ECHR) review Norway’s plans for expanded Arctic oil and gas extraction, arguing that their “rights to life and private and family life are directly affected by climate change.” The case was then dismissed on appeal.

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