The challenges and promises of climate lawsuits
1 year, 7 months ago

The challenges and promises of climate lawsuits

The Hindu  

Lawsuits against emissions-spewing governments and fossil fuel companies have established themselves as a key tool in the battle against climate change, but they aren't always successful Even the temperate, mountainous country of Switzerland isn't immune to climate change. "One of the reasons it's so important to look closely at these cases and the impact they're having is because their impact is likely to only grow in the years to come, as people increasingly see litigation as an important way to address the problems of climate change," says Hari Osofsky, a human rights law expert now at Northwestern University's Pritzker School of Law, who in 2020 coauthored an overview of climate change litigation in the Annual Review of Law and Social Science. Climate change as a human rights problem Taking governments to court over climate change was once considered a long shot, says César Rodríguez-Garavito, an international human rights and environmental law expert who heads New York University's Climate Litigation Accelerator, which studies and advocates for climate litigation, and edited the 2022 book Litigating the Climate Emergency. Like the Urgenda case, the German lawsuit invoked human rights — fundamentally arguing that the worsening hazards driven by climate change threaten the very rights to life and dignity, particularly for future generations. "I think that's actually been one of the main reasons that we haven't seen the same sorts of major victories when it comes to strategic climate litigation that we have seen in some other countries, particularly in Europe," says Jessica Wentz, a climate law expert at Columbia Law School's Sabin Center for Climate Change Law.

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History of this topic

Global warming can’t be ignored, Montana’s top court says, upholding landmark climate case
4 days, 23 hours ago

Global warming can’t be ignored, Montana’s top court says, upholding landmark climate case

Associated Press  

— Montana’s Supreme Court on Wednesday upheld a landmark climate ruling that said the state was violating residents’ constitutional right to a clean environment by permitting oil, gas and coal projects without regard for global warming. The justices, in a 6-1 ruling, rejected the state’s argument that greenhouse gases released from Montana fossil fuel projects are minuscule on a global …

ICJ weighs legal responsibility for climate change, ‘future of our planet’
1 week, 2 days ago

ICJ weighs legal responsibility for climate change, ‘future of our planet’

Al Jazeera  

The International Court of Justice’s 15 judges will consider arguments made by more than 100 countries in a case led by Vanuatu and other Pacific island nations. “It is with a profound sense of urgency and responsibility that I stand before you today,” Ralph Regenvanu, Vanuatu’s special envoy for climate change and environment, said as he opened the hearings on …

The wait begins for a verdict on closely watched climate case at U.N.’s top court
1 week, 3 days ago

The wait begins for a verdict on closely watched climate case at U.N.’s top court

LA Times  

Activists protest Monday outside the International Court of Justice in The Hague as it opens hearings into what countries are legally required to do to combat climate change and help vulnerable nations fight its devastating impact. The International Court of Justice took up the largest case in its history after the United Nations General Assembly asked the institution to clarify …

Plea Seeking Measures To Mitigate Climate Change : Supreme Court Appoints Amici Curiae To Examine Laws Regulating Carbon Emissions
1 week, 5 days ago

Plea Seeking Measures To Mitigate Climate Change : Supreme Court Appoints Amici Curiae To Examine Laws Regulating Carbon Emissions

Live Law  

Recognizing the importance of the issue of carbon emissions and their impact on the environment, the Supreme Court recently appointed Advocates Jay Cheema and Sudhir Mishra as Amici Curiae to examine the existing legal framework governing emissions. “It is submitted that Climate Change is the most significant environmental issue faced by the global community, and India is one of the …

Landmark climate change case opens at the top UN court
3 weeks ago

Landmark climate change case opens at the top UN court

Dutch News  

Two weeks of hearings into the legal rights and responsibilities of countries regarding climate change opened at the UN’s top court in The Hague on Monday, with the small island nation of Vanuatu urging International Court of Justice judges to hold the world’s polluters legally responsible. “Today, we find ourselves on the front lines of a crisis we did not …

Big climate change case in top UN court: Are wealthy nations legally bound to help vulnerable ones?
Trending News
3 weeks ago

Big climate change case in top UN court: Are wealthy nations legally bound to help vulnerable ones?

Firstpost  

Any decision by the court would be non-binding advice and couldn’t directly force wealthy nations into action to help struggling countries. Yet it would be more than just a powerful symbol since it could be the basis for other legal actions, including domestic lawsuits Activists put up a billboard outside the International Court of Justice, in The Hague, Netherlands, as …

Landmark climate change case opens at top U.N. court as island nations fear rising seas
3 weeks ago

Landmark climate change case opens at top U.N. court as island nations fear rising seas

LA Times  

Hearings began Monday at the International Court of Justice in The Hague into what countries worldwide are legally required to do to combat climate change and help vulnerable nations fight its devastating effects. After years of lobbying by island nations that fear they could simply disappear under rising sea waters, the U.N. General Assembly asked the International Court of Justice …

A landmark climate change case will open at the top UN court as island nations fear rising seas
3 weeks, 1 day ago

A landmark climate change case will open at the top UN court as island nations fear rising seas

Associated Press  

THE HAGUE — The top United Nations court will take up the largest case in its history on Monday, when it opens two weeks of hearings into what countries worldwide are legally required to do to combat climate change and help vulnerable nations fight its devastating impact. After years of lobbying by island nations who fear they could simply disappear …

Letters to the Editor: Climate change is a global threat, but it isn’t the worst one. This is
4 weeks ago

Letters to the Editor: Climate change is a global threat, but it isn’t the worst one. This is

LA Times  

To the editor: Climate change is the biggest threat facing us? Soon, that list may include the leaders of North Korea and Iran — and who knows how many others as the nuclear genie multiplies throughout the world? It is long past time for thought leaders to wake up to the world’s most urgent threat and get a real conversation …

Access to climate education is a matter of justice
1 month ago

Access to climate education is a matter of justice

Al Jazeera  

Educational systems across the world are not preparing new generations to take action on climate change. Even in places where this is not happening, education systems are simply inadequate to prepare new generations for living in an era of climate change and taking action on it. The Global Education Monitoring Report at UNESCO and the MECCE Project’s recent global mapping …

Dutch appeals court overturns landmark climate ruling against Shell
1 month, 1 week ago

Dutch appeals court overturns landmark climate ruling against Shell

NPR  

Dutch appeals court overturns landmark climate ruling against Shell toggle caption Frank Augstein/AP THE HAGUE, Netherlands — A Dutch appeals court on Tuesday overturned a landmark ruling that ordered energy company Shell to cut its carbon emissions by net 45% by 2030 compared to 2019 levels, while saying that "protection against dangerous climate change is a human right." The ruling …

The people cracking the world's toughest climate words
1 month, 2 weeks ago

The people cracking the world's toughest climate words

BBC  

The people cracking the world's toughest climate words Serenity Strull/ Getty Images Translators play a crucial role at international climate negotiations When it comes to solving climate change, every word counts. "A lot of these reports that we translate on climate change are written by scientists," says Chen. Serenity Strull/ Getty Images Translating page after page of climate policy under …

MOBIUS FOUNDATION AND ENVIRONMENT LAW & DEVELOPMENT FOUNDATION HOST IMPACTFUL PANEL ON CLIMATE LIABILITY AND JUSTICE
2 months, 3 weeks ago

MOBIUS FOUNDATION AND ENVIRONMENT LAW & DEVELOPMENT FOUNDATION HOST IMPACTFUL PANEL ON CLIMATE LIABILITY AND JUSTICE

Hindustan Times  

New Delhi, October 1st, 2024 – The Mobius Foundation, in collaboration with the Environment Law & Development Foundation, successfully convened a significant panel discussion titled “Climate Liability, Justice, and Jurisprudence” on September 27, 2024, at Travancore House, New Delhi. The esteemed panel featured prominent speakers, including: - HMJ Hima Kohli, Former Judge, Hon'ble Supreme Court of India - Dr. Afroz …

Rich countries cracking down on climate protests while advocating for rights abroad, new study says
3 months, 1 week ago

Rich countries cracking down on climate protests while advocating for rights abroad, new study says

The Independent  

Sign up to the Independent Climate email for the latest advice on saving the planet Get our free Climate email Get our free Climate email SIGN UP I would like to be emailed about offers, events and updates from The Independent. Read our privacy policy Rich democratic countries like the United Kingdom and United States are increasingly using harsh, sweeping …

Our climate change challenge
3 months, 2 weeks ago

Our climate change challenge

LA Times  

There’s no escaping the damage we’ve done to our planet. In 2015, almost 200 nations agreed to try to limit global temperature increases to 1.5 degrees Celsius — or 2.7 degrees Fahrenheit — above preindustrial levels as part of the Paris climate accord. “At this point, it is really difficult to see a path to keeping warming below 1.5 degrees,” …

Adverse Effects Of Climate Change Need Serious Consideration : Justice BR Gavai
4 months ago

Adverse Effects Of Climate Change Need Serious Consideration : Justice BR Gavai

Live Law  

Justice BR Gavai, while referring to the recent instances of natural calamities in Wayanad and Himachal Pradesh, highlighted the need to take the climate crisis seriously. Man has always been greedy, but the greed should not go to such limits wherein there is no concern for the future generations.” Justice Gavai underscored the need for a proactive approach to the …

Britain's climate change plan challenged in landmark court case
4 months, 4 weeks ago

Britain's climate change plan challenged in landmark court case

The Hindu  

Britain failed to set proper objectives in its climate adaptation strategy, environmental campaigners argued on Tuesday in a case which relies on a landmark recent ruling by Europe's top human rights court. Friends of the Earth's lawyer David Wolfe argued in court filings that ministers had to set outcomes to address specific risks, rather than "a generic aim simply to …

Humans caused climate change. Amid the suffering, now they must solve it
5 months ago

Humans caused climate change. Amid the suffering, now they must solve it

The Independent  

For free real time breaking news alerts sent straight to your inbox sign up to our breaking news emails Sign up to our free breaking news emails Sign up to our free breaking news emails SIGN UP I would like to be emailed about offers, events and updates from The Independent. Climate change is driving extreme weather By all accounts, …

Montana urges state top court to overturn landmark climate ruling
5 months, 1 week ago

Montana urges state top court to overturn landmark climate ruling

Hindustan Times  

By Nate Raymond Montana urges state top court to overturn landmark climate ruling July 10 - Montana's top court on Wednesday appeared open to upholding a landmark ruling that found the state violated the rights of young people to a healthy environment by barring regulators from considering how new fossil fuel projects could affect climate change. Several justices on the …

Republicans urge reversal of landmark ruling in Montana climate change lawsuit by young plaintiffs
5 months, 1 week ago

Republicans urge reversal of landmark ruling in Montana climate change lawsuit by young plaintiffs

Hindustan Times  

— Attorneys for Republican officials pressed Montana's Supreme Court on Wednesday to overturn a landmark climate ruling that said the state was violating residents' constitutional right to a clean environment by allowing oil, gas and coal projects without regard for global warming. Republicans urge reversal of landmark ruling in Montana climate change lawsuit by young plaintiffs Last year's ruling by …

Republicans urge reversal of landmark ruling in Montana climate change lawsuit by young plaintiffs
5 months, 1 week ago

Republicans urge reversal of landmark ruling in Montana climate change lawsuit by young plaintiffs

Associated Press  

— Attorneys for Republican officials pressed Montana’s Supreme Court on Wednesday to overturn a landmark climate ruling that said the state was violating residents’ constitutional right to a clean environment by allowing oil, gas and coal projects without regard for global warming. Last year’s ruling by a state district judge was considered a breakthrough in attempts by young environmentalists and …

Opinion: Did Hawaii just pave the way for court enforcement of California’s climate promises?
5 months, 3 weeks ago

Opinion: Did Hawaii just pave the way for court enforcement of California’s climate promises?

LA Times  

A roadside memorial for victims of last year’s Maui wildfire. The resulting deal will accelerate Hawaii’s progress toward a zero-emission transportation system, and it could serve as a road map for other advocates looking to gain ground on urgent climate goals. In addition to a statewide 2045 carbon neutrality target, the state Legislature enacted a 2030 emissions reduction goal and …

A push for more climate action
6 months, 1 week ago

A push for more climate action

The Hindu  

International climate change litigation reached a milestone on May 21, 2024 when the International Tribunal for the Law of the Sea delivered an advisory opinion sought by the Commission of Small Island States on Climate Change and International Law concerning the specific obligations of the Parties to the United Nations Convention on the Law of the Sea on climate change …

Random Forays: Climate change- understanding what we can do
6 months, 3 weeks ago

Random Forays: Climate change- understanding what we can do

Hindustan Times  

Aren’t we feeling smothered by the searing heat which has melted all previous records this summer? Though everyone cannot plant mini forests, there are organisations like Eco Sikhs which are assisting those desirous of planting volumes of trees. At the recent launch of advocate Jatinder ‘Jay’ Cheema’s book titled “Climate Change- The Policy, Law and Practice”, the aspect of individual …

Climate lawsuits build as a Latin American court hears largest case ever
6 months, 3 weeks ago

Climate lawsuits build as a Latin American court hears largest case ever

The Hindu  

Latin America's human rights court holds a final hearing in Brazil on March 29 in a case that's part of a global wave of climate litigation, as several international courts prepare first-time opinions on what countries must do to combat climate change. The Inter-American Court of Human Rights, which holds jurisdiction over 20 Latin American and Caribbean countries, hopes to …

Lawsuit appears to be in peril for California children harmed by climate change
7 months, 3 weeks ago

Lawsuit appears to be in peril for California children harmed by climate change

LA Times  

Avroh, left, Maya and Maryam are among the 18 California children suing the federal Environmental Protection Agency over climate change. “Their only redress is not the ballot box, elections or political power,” said Julia Olson, an attorney for Our Children’s Trust, an Oregon-based nonprofit that has filed legal actions over climate change in several states. Judge Michael Fitzgerald, 64, acknowledged …

Charge of the climate brigade: Women and activists are suing governments for failing to protect their right to life
8 months, 1 week ago

Charge of the climate brigade: Women and activists are suing governments for failing to protect their right to life

Hindustan Times  

India’s Supreme Court has, for the first time, weighed in on climate change, ruling that citizens have a right to lead a life safe from its adverse effects. Swedish climate campaigner Greta Thunberg talks with Rosmarie Wydler-Walti, of the Swiss elderly women group Senior Women for Climate Protection The apex court was hearing a petition filed by wildlife activist M.K. …

European court decision shows that a safe climate is a human right, former UN rights chief says
8 months, 1 week ago

European court decision shows that a safe climate is a human right, former UN rights chief says

Associated Press  

OXFORD, England — Having a safe climate is becoming more of a human right globally with this week’s European court decision that says countries must better protect people from climate change, something warming-hit residents of the Global South long knew, said former Ireland President Mary Robinson. “Many countries in Europe, if not all, will be vulnerable to litigation along those …

FRANK FUREDI: The absurd ruling that shows lawyers and judges are mounting an insurgency and we MUST quit the ECHR
8 months, 1 week ago

FRANK FUREDI: The absurd ruling that shows lawyers and judges are mounting an insurgency and we MUST quit the ECHR

Daily Mail  

Who wouldn't be charmed by the Swiss grannies of the KlimaSeniorinnen — the 'Climate Seniors' — who have just won a signal victory in the European Court of Human Rights? Activists of Climate Seniors from Switzerland pose with protest banners in front of the European Court of Human Rights Activists of Climate Seniors wait in the courtroom during the judgement …

Swiss seniors win first-ever human-rights case on climate change
8 months, 1 week ago

Swiss seniors win first-ever human-rights case on climate change

Salon  

A group of elderly Swiss women made history on Tuesday when they became the first plaintiffs to win a climate-related victory in the European Court of Human Rights. Representing a group of more than 2,000 individuals known as KlimaSeniorinnen — a Swiss German shorthand term for "Senior Women for Climate Protection" — the women successfully argued that because of their …

Law in service of climate battles
8 months, 2 weeks ago

Law in service of climate battles

Hindustan Times  

The Supreme Court, in a recent judgment, expanded the scope of Articles 14 and 21 to include the “right against adverse effects of climate change”, underscoring for the first time the urgency needed to formulate policies that address the impending crisis. The March 21 judgment takes a holistic view of the environment, with an added focus on the natural world, …

Swiss women win landmark climate victory at human rights court
8 months, 2 weeks ago

Swiss women win landmark climate victory at human rights court

The Independent  

Sign up to the Independent Climate email for the latest advice on saving the planet Get our free Climate email Get our free Climate email SIGN UP I would like to be emailed about offers, events and updates from The Independent. Read our privacy policy Europe’s highest human rights court has ruled that its member nations have an obligation to …

European Court of human rights rules Switzerland not doing enough on climate change
8 months, 2 weeks ago

European Court of human rights rules Switzerland not doing enough on climate change

Firstpost  

The Swiss association of Elders for Climate Protection, consisting of 2,500 women with an average age of 73, had raised concerns about the Swiss authorities’ shortcomings in climate protection, which could adversely affect their health The Swiss association of Elders for Climate Protection had complained about the 'failings of the Swiss authorities' in term of climate protection. AFP In a …

Verdict saying Switzerland violated rights by failing on climate action could ripple across Europe
8 months, 2 weeks ago

Verdict saying Switzerland violated rights by failing on climate action could ripple across Europe

Associated Press  

STRASBOURG, France — Europe’s highest human rights court ruled Tuesday that countries must better protect their people from the consequences of climate change, siding with a group of older Swiss women against their government in a landmark ruling that could have implications across the continent. “The most important thing is that the court has said in the Swiss women’s case …

European court rules on cases seeking to force countries to meet climate goals
8 months, 2 weeks ago

European court rules on cases seeking to force countries to meet climate goals

NPR  

European court rules on cases seeking to force countries to meet climate goals Enlarge this image toggle caption Jean-Francois Badias/AP Jean-Francois Badias/AP STRASBOURG, France — Europe's highest human rights court ruled Tuesday that its member nations have an obligation to protect their citizens from the ill effects of climate change, but still threw out a high-profile case brought by six …

For First Time, Supreme Court Recognizes Right To Be Free From Adverse Effects Of Climate Change
8 months, 2 weeks ago

For First Time, Supreme Court Recognizes Right To Be Free From Adverse Effects Of Climate Change

Live Law  

In its first, the Supreme Court, through its judgment dated March 21, has recognized a right to be free from the adverse effects of climate change as a distinct right. At the outset, the Court noted that the absence of legislation in India regarding climate change would not mean that “the people of India do not have a right against …

Explained: How the European Court's climate change rulings may impact human rights globally
8 months, 2 weeks ago

Explained: How the European Court's climate change rulings may impact human rights globally

Firstpost  

The European Court of Human Rights is set to issue a landmark decision this week in Strasbourg, France, on a critical question: Does government inaction on climate change violate human rights? File image/Reuters The European Court of Human Rights is poised to make a groundbreaking decision this week in Strasbourg, France, addressing a pivotal question: Does government inaction on climate …

Climate crisis impacts citizens’ right to life: Supreme Court
8 months, 2 weeks ago

Climate crisis impacts citizens’ right to life: Supreme Court

Hindustan Times  

Climate change impacts the constitutional guarantee of right to life, the Supreme Court said in a recent judgment, emphasising that India must prioritise clean energy initiatives such as solar power as citizens have a right to be free from the adverse effects of the climate emergency. “Beyond mere adherence to international agreements, India’s pursuit of sustainable development reflects the complex …

Climate disinformation is on the rise. Here's how to fight back
8 months, 3 weeks ago

Climate disinformation is on the rise. Here's how to fight back

Salon  

When a pair of climate change-deniers spread lies about climate scientist Michael Mann, he sued his attackers and actually won, after a jury awarded him a $1 million settlement in February. The Competitive Enterprise Institute's Rand Simberg and the National Review's Mark Steyn wrote a pair of blog posts about Mann in 2012 in which they made two defamatory claims: …

The best climate books of 2023 — and the titles we’re excited for in 2024
11 months, 4 weeks ago

The best climate books of 2023 — and the titles we’re excited for in 2024

The Independent  

Sign up to the Independent Climate email for the latest advice on saving the planet Get our free Climate email Get our free Climate email SIGN UP I would like to be emailed about offers, events and updates from The Independent. Mr Goodell tells us how heat stroke melts your insides, killing you from the inside out; why American air-conditioning …

18 California children are suing the EPA over climate change
1 year ago

18 California children are suing the EPA over climate change

NPR  

18 California children are suing the EPA over climate change Enlarge this image toggle caption William Campbell/Getty Images William Campbell/Getty Images Eighteen California children are suing the Environmental Protection Agency, claiming it violated their constitutional rights by failing to protect them from the effects of climate change. We are running from wildfires, being displaced by floods, panicking in hot classrooms …

The legal battles changing the course of climate change
1 year ago

The legal battles changing the course of climate change

BBC  

The legal battles changing the course of climate change Getty Images The number of climate lawsuits globally has surged in recent years Governments, fossil fuel firms and airlines are increasingly being met with climate lawsuits. Climate inaction and human rights In a landmark case, the European Court of Human Rights ruled that Switzerland was violating the human rights of its …

A climate conference hosted by an oil-rich country. That’s just one of the contradictions at the Dubai talks
1 year ago

A climate conference hosted by an oil-rich country. That’s just one of the contradictions at the Dubai talks

Associated Press  

The world is heading for considerably less warming than projected a decade ago, but that good news is overwhelmed by much more pain from current climate change than scientists anticipated, experts said. “So things aren’t as bad as they could have been or as we worried they might be 20 years ago, but they’re still far from where we need …

UN chief calls for an “ambition supernova” as nations make minor progress on climate action
1 year, 1 month ago

UN chief calls for an “ambition supernova” as nations make minor progress on climate action

Associated Press  

Countries’ climate action plans are still far behind what’s needed to curb human-caused warming and limit the devastating effects of extreme heat, storms and droughts, but some nations have taken marginal steps toward slashing emissions, a United Nations analysis of national plans found Tuesday. The U.N. climate chief, Simon Stiell, urged that upcoming international climate talks in Dubai become a …

Montana is appealing a landmark climate change ruling that favored youth plaintiffs
1 year, 2 months ago

Montana is appealing a landmark climate change ruling that favored youth plaintiffs

Associated Press  

— The office of Montana’s Republican attorney general is appealing a landmark climate change ruling that said state agencies aren’t doing enough to protect 16 young plaintiffs from harm caused by global warming. The state filed notice on Friday that it is going to appeal the August ruling by District Court Judge Kathy Seeley, who found the Montana Environmental Policy …

Six young activists devote years to climate fight with 32 governments. Now comes their day in court
1 year, 2 months ago

Six young activists devote years to climate fight with 32 governments. Now comes their day in court

The Hindu  

Sofia Oliveira was 12 years old when catastrophic wildfires in central Portugal killed more than 100 people in 2017. Now a university student, Sofia and five other Portuguese young adults and children between 11 and 24 years of age are due on Wednesday at the European Court of Human Rights, where they are accusing 32 European governments of violating their …

Why 32 European countries are facing the largest climate action lawsuit till date | Explained
1 year, 2 months ago

Why 32 European countries are facing the largest climate action lawsuit till date | Explained

The Hindu  

The story so far: September 27 will mark the beginning of a historic legal battle in the climate action movement. For instance, Greece, in its submissions, maintained that the effects of climate change “do not seem to directly affect human life or human health.” This is even as the country witnessed devastating wildfires which razed 72,000 hectares of land and …

In unprecedented case, young climate activists taking 32 governments to human rights court
1 year, 2 months ago

In unprecedented case, young climate activists taking 32 governments to human rights court

LA Times  

Siblings Sofia Oliveira, 18, and Andre Oliveira, 15, shown at a beach near their home in Portugal, are among the six children and young adults taking 32 European governments to court over climate change failures. The climate activists are due Wednesday at the European Court of Human Rights for the first climate change case filed with the court, which could …

California sues oil giants alleging ‘climate risks deception’: Report
1 year, 3 months ago

California sues oil giants alleging ‘climate risks deception’: Report

Al Jazeera  

Five oil majors are accused of downplaying the risks posed by fossil fuels since the 1950s, The New York Times reports. The US state of California has sued five oil giants for their alleged role in downplaying the risk posed by fossil fuels while causing tens of billions of dollars in damage, The New York Times has reported. California’s attorney …

Climate change ‘dystopian future already here’
1 year, 3 months ago

Climate change ‘dystopian future already here’

Al Jazeera  

Climate change is causing human rights emergencies around the world, the United Nations human rights chief says, specifically highlighting Iraq’s “spiralling damage” from global warming. In view of the record global temperatures this year, Guterres last week called for much more ambition in the fight against climate change to prevent “the worst climate chaos”. At last year’s UN COP27 climate …

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