Climate Litigation

261 posts

[Act] of all trades, litigable to none: A Critical Examination of Malaysia’s Proposed Climate Change Bill

Malaysia is at high risk from the effects of climate change. Flooding has become an almost-yearly natural disaster, with the frequency and severity of flood events increasing in recent decades. Research suggests that for every 1°C rise in temperature, rice yields decline between 4.6 and 6.1%, with net revenue falling […]

The ICJ’s Advisory Opinion on Climate Change: Key Takeaways from the 2024 Hearing (Part 3)

This blog post is Part 3 of a three-part series highlighting the main legal arguments presented during the hearings of the International Court of Justice (ICJ) on the request for an advisory opinion regarding the obligations of States with respect to climate change. Part 1 focused on discussions on applicable […]

The ICJ’s Advisory Opinion on Climate Change: Key Takeaways from the 2024 Hearing (Part 2)

This blog post is Part 2 of a three-part series highlighting the main legal arguments presented during the hearings of the International Court of Justice (ICJ) on the advisory opinion request related to States’ obligations regarding climate change. Part 1 focused on discussions regarding applicable law, and the no-harm rule. […]

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 […]