climate litigation

42 posts

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 […]

The Anti-ESG Movement Has Not Fared Well in Court, but Critical Decisions Are Pending

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 […]

Recognition of Nature’s Rights: A Crucial Step in Peruvian Climate Litigation with a Human Rights Approach

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 […]

Sabin Center Files Amicus Brief Supporting New York City’s Motion to Appeal in Local Law 97 Case

On June 20th, 2024, the Sabin Center filed an amicus brief in support of the City of New York’s Motion for Leave to Appeal to the New York State Court of Appeals in Glen Oaks Village Owners, Inc., et al. v. City of New York. Glen Oaks – a 2022 […]

This is a picture of Klimasenioren

KlimaSeniorinnen and the Question(s) of Causation

    In Verein Klimaseniorinnen Schweiz and Others v Switzerland (“KlimaSeniorinnen”), the European Court of Human Rights (ECtHR) makes many general statements about the nature of climate change and different actors’ roles in addressing it. For example, ‘the Court notes that climate change is one of the most pressing issues […]

State “Climate Superfund” Bills: What You Need to Know

In the first months of 2024, legislators in four states—Maryland, Massachusetts, New York, and Vermont—have pushed for legislation that would collectively require large fossil fuel producers and refiners to pay for hundreds of billions of dollars of state-level climate adaptation infrastructure. E&E News reports that similar legislation may soon be […]