The UK Court of Appeal cancelled the government’s decision to develop a third runway in Heathrow Airport on the ground that the strategic environmental assessment had not taken the adoption and ratification of the Paris Agreement into account. The main argument accepted by the Court was that the Planning Act 2008 s.5(8) requires a national …

Continue reading “Plan B Earth v Secretary of State for Transport [2020] EWCA Civ 214”

https://cdn.ca9.uscourts.gov/datastore/opinions/2020/01/17/18-36082.pdf  

"What scholars referred to as a climate change litigation ‘explosion’ in 2015 has today become an established movement which is unlikely to stop in the near future: worldwide, over a thousand lawsuits have been launched regarding responsibility for the dangers of climate change. Since the beginning of this trend in transnational climate litigation scholars have …

Continue reading “Laura Burgers, “Should Judges Make Climate Change Law?””

One more climate case, this time before the UN Committee on the Rights of the Child, against Argentina, Brazil, France, Germany and Turkey, arguing that these countries aren't doing enough to reduce their greenhouse gas emissions. http://climatecasechart.com/non-us-case/sacchi-et-al-v-argentina-et-al/  

The International Journal of Marine and Coastal Law (forthcoming) Abstract: "Inter-state litigation is a weapon employed by weaker states with limited diplomatic leverage over their bigger, more powerful opponents. An authoritative judgment may facilitate a settlement of some kind, whether directly, by further negotiation, or simply by legitimising the claims made. The LOSC was negotiated …

Continue reading “Alan Boyle, ‘Litigating Climate Change under Part XII of the LOSC’”

https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3369481#  

https://www.caselaw.nsw.gov.au/decision/5c59012ce4b02a5a800be47f

https://int.nyt.com/data/documenthelper/477-keystone-pipeline-ruling/65a3e8e6f46749f49942/optimized/full.pdf#page=1

The well anticipated judgment of the Hague Court of Appeal in the case of The Netherlands vs. Urgenda has given right to Urgenda. The Netherlands must, based on its duty of care, ensure that national greenhouse gas emissions are reduced by at least 25% by 2020. This is a remarkable development. Bravo! https://uitspraken.rechtspraak.nl/inziendocument?id=ECLI:NL:GHDHA:2018:2610

(2018) Nature Climate Change "The courts have played a central role in climate policy, including the landmark Supreme Court case that led to the mandatory regulation of greenhouse gases by the United States. A wide variety of litigants have used the courts to affect policy outcomes at all scales. Therefore, to understand how the court …

Continue reading “McCormick et al., “Strategies in and outcomes of climate change litigation in the United States””

https://helenair.com/news/state-and-regional/montana-youths-bring-lawsuit-over-state-energy-policy/article_7308239b-daf9-56bd-af82-597e9668b005.html  

http://blogs.law.columbia.edu/climatechange/2020/03/13/juliana-in-the-world-comparing-the-ninth-circuits-decision-to-foreign-rights-based-climate-litigation/  

https://www.theguardian.com/world/2019/nov/26/indian-states-must-provide-clean-air-and-water-or-pay-damages-supreme-court-rules?CMP=share_btn_tw  

https://www.nytimes.com/2019/12/10/climate/exxon-climate-lawsuit-new-york.html?smtyp=cur&smid=tw-nytimes  

https://www.climateliabilitynews.org/2019/04/05/shell-sued-in-the-netherlands-for-insufficient-action-on-climate-change/  

Washington Post (20 March 2019), reporting on a ruling that blocks drilling on 300,000 acres of leases in Wyoming. https://www.washingtonpost.com/climate-environment/2019/03/20/federal-judge-casts-doubt-trumps-drilling-plans-across-us-because-they-ignore-climate-change/?noredirect=on&utm_term=.df9c53bd72c8

https://www.nytimes.com/2018/11/09/climate/judge-blocks-keystone-pipeline.html

https://www.nytimes.com/2018/07/19/climate/climate-lawsuit-new-york.html

"A coalition led by California sued the Trump administration over car emissions rules on Tuesday, escalating a revolt against a proposed rollback of fuel economy standards that threatens to split the country’s auto market." https://www.nytimes.com/2018/05/01/climate/california-sues-trump-administration.html

https://www.newyorker.com/tech/elements/sometimes-fighting-climate-change-means-breaking-the-law