By Jacob Elkin While the most prominent climate litigation to date has primarily focused on mitigation—reducing greenhouse gas emissions—adaptation litigation will also increase as climate impacts become more frequent, extreme, and intense. Adaptation cases frequently rely on evidence drawn from scientific research into past and future climate change. In a […]
Climate Litigation
235 posts
By Marlies Hesselman* 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. After landmark decisions in Urgenda and Shell, plaintiffs are asking a Dutch court to weigh in on a […]
By Maria Antonia Tigre While the United States Supreme Court yesterday delivered a major setback to the EPA’s ability to regulate greenhouse gas emissions in West Virginia. v. EPA, courts in other countries this week have issued decisions that demonstrate that courts worldwide remain an important forum for the potential […]
By Yumeno Grace Nishikawa, LLM* 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 […]
By Isabela Soares Bicalho, Gabriel Mantelli, Maria Antonia Tigre and Carmem Añon Brasolin On March 30, 2022, the Brazilian Supreme Court, the most important judicial body in the country, will hear seven cases, and all of them are environmental cases. This is an atypical situation in the Brazilian context: having […]
By Maria Antonia Tigre On March 15, 2022, the Full Federal Court of Australia, an intermediate appellate court, unanimously overturned the primary judge’s decision in Sharma and Others v. Minister for the Environment to impose a duty of care on the Minister for the Environment to mitigate climate harm to […]
By Prof. Muhammed Tawfiq Ladan, Phd* Background Countries around the world have increasingly adopted climate change laws over the last two decades. This is partially attributable to the dynamism in international climate negotiations but also a growing appreciation of the crucial role that national laws and policy measures play. Legislative […]
By Korey Silverman-Roati Background Starting in 2017, cities, counties, and states across the United States have filed claims (see here and here) in state courts against fossil fuel companies seeking redress for the climate harms their products have caused. Many of these cases asserted nuisance and other tort law claims. […]