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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.
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.,
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.
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.
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.
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!
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.
Additionally, sea levels around Malaysia are projected to rise by a maximum of 3 to 10 mm by 2030 and 11 to 21 mm by 2050. While no provision prohibits litigation related to the Act, it does create obstacles to using litigation as a means of government accountability. Malaysia regularly experiences high temperatures.
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.
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.
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.
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.
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.
On January 10, 2025, the Irish High Court decided in Coolglass Windfarm Limited v. The Court noted that if climate goals take precedence over visual impacts [as had been found in a previous case of Nagle View Turbine Aware Group v.
Credit: Christine Olsson/TT On February 19, 2025, the Swedish Supreme Court dismissed the Aurora case ( Anton Foley and others v Sweden ), the first systemic climate change case brought in Sweden. It sheds light on how national courts may interpret KlimaSeniorinnen , particularly on separation of powers.
A look back at significant decisions in climate litigation in 2021. 2021 was a significant year for climate litigation, with several decisions worldwide providing a fresh look at stakeholder responsibility for climate change. A first decision in climate litigation against private actors. By Maria Antonia Tigre.
The post also illustrates the positive impact the reform is likely to have on climate litigation initiatives in Italy. Adopting a comparative perspective, we draw on constitutional frameworks and recent climate litigation cases in other European jurisdictions. What does the reform bring about? 179/2019 ).
According to the US Bureau of Labor Statistics, employment of paralegals and legal assistants is projected to grow 12 percent from 2020 to 2030, faster than the average for all occupations. Throughout her 30-year career, she has worked in litigation, from the private law firm to the governmental sector, civil and criminal.
Formulated by the United Nations in 2015, they form the core of the 2030 Agenda and aim to enable people worldwide to live in dignity while respecting the earth’s ecological limit. In Public Law, including International Law, SGDs have already established themselves as a subject of research.
As previously discussed on this blog, the SEC adopted a climate disclosure rule in March, but that rule is currently suspended pending ongoing court review, and its fate is uncertain given the upcoming transition. What About Litigation and Enforcement Risk? Why is that important?
Introduction On November 12, 2024, the Dutch Court of Appeal in The Hague issued its eagerly awaited appeals judgment in Milieudefensie (Friends of the Earth Netherlands) and others v. The applicants sought an injunction declaring that Shell is legally bound to reduce its carbon dioxide (CO2) emissions by 45% below 2019 levels by 2030.
The recent rulings on climate change by the European Court of Human Rights (ECtHR) are—as others have pointed out in this blog symposium —both “historic and unprecedented” for various reasons, not least regarding the question of reparation for climate change-related harm. A Missed Opportunity or the First of Many Decisions to Come?
The first week of July 2022 brought on several major developments in climate litigation in the Netherlands, with possibly significant ramifications for a new type of global climate litigation. The ACC’s reasoning, detailed below and in the writ, will likely inform the court’s reasoning in the FossielVrij case.
As was briefly announced earlier on this blog , on 29 January 2021, the Dutch Court of Appeal in The Hague gave a ruling in a long-standing litigation launched by four Nigerian farmers and the Dutch Milieudefensie. Climate change and related human rights litigation is undoubtedly of increasing importance in private international law.
Legislative instruments play a critical role in empowering governments to take urgent and strategic actions to mitigate and adapt to climate change and can significantly impact the growth of climate litigation in a particular jurisdiction. The Future of Climate Change Litigation in Nigeria. In Gbemre v.
Copyright ICJ/CIJ/Frank van Beek This blog post is Part 2 of a three-part series highlighting the main legal arguments presented during the hearings of the International Court of Justice (ICJ) on the advisory opinion request related to States obligations regarding climate change.
On June 15, 2022, the Municipal Court of Prague sided with a Czech climate NGO in Klimatická žaloba ČR v. Czech Republic , ordering the Czech government to create a more ambitious emissions reduction plan based on its obligations under the Paris Agreement ( Press Release of Czech Climate Litigation ). By Will Donaldson*.
On October 26, 2021, Observatório do Clima (OC), a network of 71 civil society organizations, filed a class action at the federal court of Amazonas against the Environmental Ministry and Brazilian government ( Laboratório do Observatório do Clima v. The case is the latest on a growing climate litigation trend in Brazil. In PSB et al.
Department of Energy has stated that, in order to meet growing clean electricity demands, the United States must expand its transmission systems by 60% by 2030 and upwards of 300% by 2050. District Court for the Middle District of Pennsylvania issued a decision on December 6, 2023 in Transource Pa. Transource Pa. Defrank The U.S.
According to the “Rights of Nature” doctrine, an ecosystem is entitled to legal personhood status and as such, has the right to defend itself in a court of law against harms, including environmental degradation caused by a specific development project or even by climate change. The Provincial Justice Court of Loja ruled in favor of the river.
On April 29, 2021 the German Constitutional Court (the Bundesverfassungsgericht, or GCC) rendered a ground-breaking judgment, requiring the German government to establish specific plans to achieve its mid-century greenhouse gas emissions goal. (An To achieve the 2030 target the law determines the permissible emissions for various sectors.
In this commentary, we recall the background of the case, provide context to the Tribunal’s decision, and shed light on the case’s takeaways for global climate litigation. The Tribunal’s use of Aarhus to broadly interpret standing is a promising development for climate litigation in other States parties to this Convention.
Each month, Arnold & Porter and the Sabin Center for Climate Change Law collect and summarize developments in climate-related litigation, which we also add to our U.S. climate litigation charts. Climate Litigation Chart (Update #92): FEATURED CASE. and non-U.S. Here are the additions to the U.S. Pritzker , Nos.
These professionals will offer you theoretical and practical insights into commercial law, private international law and transnational litigation. Among other topics, they will discuss the questions of jurisdiction, choice of court agreements, foreign currency obligations, and recognition and enforcement of foreign judgments.
By 2030, Colombia aims to reduce its emissions by 51% in all sectors and achieve carbon neutrality by 2050. This mechanism is intended solely to force compliance with a specific obligation or duty established by a law or administrative act, as stated by the Constitutional Court (see judgment C-157 of 1998 ). of the national total.
RELDI represented Friends of Flint Mine Solar in litigation before the Siting Board and before a New York State Supreme Court to advocate for the project. New York State critically needs solar energy. The state cannot meet its statutorily mandated renewable energy targets without scaling up solar energy capacity.
A climate-conscious approach demands, first, actively identifying the intersections between the issues of the legal problem or dispute and climate change issues and, second, giving advice and litigating or resolving the legal problem or dispute in ways that meaningfully address the climate change issues.
Indonesia’s 2030 target projects that its energy emissions will increase above 2010 levels by 268%; waste emissions will increase by 236%; industrial process emissions will increase by 93%; agricultural emissions will increase by 8%; and forestry emissions will increase by 5%. Millions of Indonesians cautiously await its decision.
The CRB last year set the royalty rates for the period 2021 through 2025 (see our article here) and will start its next proceeding to set those rates for 2026-2030 in early 2024. For commercial radio and TV, SESAC rates are also subject to consideration by an arbitration panel set up as part of a settlement of antitrust litigation.
It outlines trends, legislative changes, and Supreme Court precedents since 1996, with a focus on judgments involving the United States and China. The study examines European court decisions, domestic legislation, and international projects aimed at stabilizing the legal status of such children.
Each month, Arnold & Porter and the Sabin Center for Climate Change Law collect and summarize developments in climate-related litigation, which we also add to our U.S. climate litigation charts. Federal Court Found Flaws in New Climate Change Analysis for Wyoming Oil and Gas Leases. and non-U.S. FEATURED CASE.
One of the most interesting environmental legal disputes in the European Union was recently settled between the Czech Republic and Poland before the Court of Justice of the European Union (CJEU) ( Case C-121/21). The CJEU granted the interim measures by Order of the Vice-President of the Court of 21 May 2021. billion for 2021-2027.
The jurisdiction for trial and adjudication of cases related to Shipping and Admiralty Acts in India was vested in the High Courts at Madras, Bombay, and Calcutta. Even during the post-independence period in India, the jurisdiction of Admiralty Courts of India was still with the colonial powers. In the case of M. Elisabeth v.
Over the last year Brazil has seen numerous innovative climate litigation claims filed that have questioned the country’s climate policies and general effects of activities on climate change. (I The Amazon rainforest, the country’s not-so-secret weapon to mitigate climate change, features prominently in the litigation.
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