A new climate litigation claim in Brazil raises the pressure for increased climate action and protection of the Amazon rainforest By Maria Antonia Tigre 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 […]
Climate Litigation
By Matthias Petel and Antoine De Spiegeleir * VZW Klimaatzaak v. Kingdom of Belgium & Others is a climate lawsuit brought in Belgium in 2015 modelled on the famous Dutch Urgenda case. In this groundbreaking judicial procedure, plaintiffs argued that Belgian public authorities have undertaken insufficient climate action and called […]
By Maria Antonia Tigre On September 20, 2021, the German environmental organization Deutsche Umwelthilfe (DUH) filed two actions against the automakers BMW and Mercedes-Benz for refusing to tighten their carbon emissions target and stop producing fossil fuel fuel-emitting cars by 2030 (DUH v. BMW and DUH v. Mercedes-Benz). The […]
By Maria Antonia Tigre The last few days saw two major developments in international rights-based climate litigation, with the adoption of a new resolution by the United Nations Human Rights Council (HRC) and a long-awaited decision on a climate case by the Committee on the Rights of the Child (CRC). […]
By Margaret Barry and Korey Silverman-Roati 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. and non-U.S. climate litigation charts. If you know of any cases we have missed, please email us […]
By Michael B. Gerrard The constitutions of more than three-quarters of the countries on earth have explicit reference to environmental rights or responsibilities In the last several years courts in the Netherlands, Germany, France, Australia, Pakistan, Nepal and Colombia have held that these provisions, or similar non-statutory doctrines, require national […]
By Margaret Barry and Korey Silverman-Roati 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. and non-U.S. climate litigation charts. If you know of any cases we have missed, please email us at columbiaclimate@gmail.com. HERE ARE […]
As with almost all climate litigation, science plays a central role in climate cases brought under the Takings Clause of the United States’ and many state constitutions. The cases filed to date have involved claims that challenge the constitutionality of both adaptation and mitigation measures. For instance, real estate […]