Introduction On November 12, 2024, the Dutch Court of Appeal in The Hague issued its eagerly awaited appeals judgment in Milieudefensie (Friends of the Earth Netherlands) and others v. Royal Dutch Shell. The applicants sought an injunction declaring that Shell is legally bound to reduce its carbon dioxide (CO2) emissions […]
Climate Litigation
252 posts
Introduction It was forty-three degrees Celsius or 109.4 Fahrenheit in Dhaka, Bangladesh on a hot April day and the tin homes of the community members in the informal settlement of Khorail were steadily accumulating heat. Arpitha Kodiveri was there with a group of other climate lawyers trying to understand what […]
The Republican-led “anti-ESG” (environmental, social, governance) movement over the last two years has largely been a legislative effort, comprised primarily of state-level bills that attempt to halt the consideration of climate risk and other commonplace factors in investment decisions connected with government funds, contracts, and pensions. Hundreds of these proposals […]
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 […]
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 […]