Climate Litigation

258 posts

The ICJ’s Advisory Opinion on Climate Change: Key Takeaways from the 2024 Hearings (Part 1)

On March 29, 2023, the United Nations General Assembly (UNGA) adopted a resolution requesting an advisory opinion from the International Court of Justice (ICJ) on States’ obligations regarding climate change. This request was widely seen as an opportunity for the Court to clarify States’ legal obligations, advance climate justice, and […]

The Czech Climate Case: Uncertainty after the Case’s Dismissal

On November 26, 2024, the Supreme Administrative Court of the Czech Republic dismissed the country’s first strategic climate case (Klimatická žaloba ČR v. Czech Republic), finding that the European Union (EU)’s commitment to reduce emissions by 55 percent by 2030 is a collective obligation, not an individual one for Czechia. […]

Climate Litigation in Japan: What to Expect in 2025

In Japan, climate litigation (‘気候訴訟 / Kiko soshou) has been used to challenge the legality of the construction and operation of the coal-fired power plants and promote coal phase-out. The first climate case in Japan was filed in Sendai in 2017 (Sendai Citizens v. Sendai Power Station). Subsequently, two administrative […]

Can Plaintiffs Challenge President Trump’s “10-to-1” Deregulation Order? A Look Back at Lawsuits Challenging the Order’s Predecessor

On Friday President Trump fulfilled a campaign promise and signed an executive order (EO) that directs agencies to identify 10 existing rules, regulations, or guidance documents to repeal for each new rule, regulation, or guidance that an agency promulgates. In addition, the EO, “Unleashing Prosperity Through Deregulation,” requires that the […]

A Duty on Public Bodies to Prioritize Climate Action? Coolglass Windfarm Limited v. An Bord Pleanala

Planning law has proven to be a useful tool for climate activists seeking to block or challenge new fossil fuel developments. However, it has also been used to frustrate efforts to accelerate the renewable energy transition by delaying the construction of new renewable energy infrastructure (see here). Ireland has been […]

Sabin Center Report Highlights Key Climate Cases and Litigation Themes in 2024

Today, the Sabin Center published a report that looks back on climate litigation developments since the beginning of 2024. This second installment in our year-end series revisits significant cases and rulings from around the world and connects them to overarching themes. The report draws from the Sabin Center’s United States […]

Milieudefensie v Shell: 3 Takeaways and Challenges on the Appeal’s Court Decision

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 […]

Guest Blog: Courting the Heat: Heatwaves, Remedy, and Climate Justice

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 […]