As markets for both voluntary and mandatory carbon offsets and credits have grown in recent years, the number of lawsuits involving offsets or credits also has increased. For example, American consumers have recently sued multiple companies, including Delta and Danone Waters (which sells Evian bottled water), for making potentially misleading […]
Climate Litigation
241 posts
Introduction Though environmental rights have long been recognized globally, they have undergone particularly notable evolution over the past half-century. India, surprisingly to some, has one of the most sophisticated frameworks concerning State obligations and individual protections, including a robust system for guaranteeing the enjoyment of environment rights to individuals. The […]
Japan holds a peace ceremony every August 6, to mark the day on which the atomic bomb was dropped on Hiroshima in 1945. This year, local elementary school students issued a message: “peace will not come from prayers alone.” On the same day, 16 young people aged between 15 […]
In the recent session of Peru’s Congress, the Andean, Amazonian, Afro-Peruvian, Environmental, and Ecological Affairs Committee approved Legislative Reports advocating for nature’s legal recognition as a rights-bearing entity. These reports establish specific legal protections to ensure nature’s existence, natural development, regeneration, restoration, and evolution. In light of this development, this […]
Over the past few years, opponents of offshore wind energy have filed at least 15 lawsuits against 5 projects in federal court. One tactic that plaintiffs in these lawsuits sometimes use is to move for a preliminary injunction to halt construction until the court reaches a final decision on the […]
In recent years, climate litigation has witnessed a surge in cases across the world. While scholarly interest has predominantly focused on cases from the Global North, attention to litigation originating in the Global South has been lacking, yet crucial in understanding the broader climate litigation landscape. Today, the Sabin Center […]
On 21 May 2024, the International Tribunal for the Law of the Sea (ITLOS) delivered its much anticipated Advisory Opinion on Climate Change. Other blog-posts have already dealt with various aspects of the Advisory Opinion (see, for instance, here and here), including the Tribunal’s approach to interpreting the United Nations […]
A long-standing conundrum of international environmental law is that the territorially-based, sectoral legal structures we have created to address environmental issues do not match the interconnected, interdependent nature of ecosystems. For many, this problem is writ large in the climate context. Whereas the science—synthesized in recent assessments and special reports […]