Global Climate Litigation

35 posts

Smith v Fonterra: A Common Law Climate Litigation Breakthrough

Litigation against major corporate greenhouse gas (GHG) emitters has proven extremely tough. Even as successful cases against governments have blossomed, private suits face significant barriers. A civil law breakthrough came in 2021, with the ruling of a Dutch court against Shell. In Smith v Fonterra, decided by New Zealand’s Supreme […]

Sabin Center Publishes Report on Climate Litigation in 2023

Today, the Sabin Center published an end-of-year report on the state of climate change litigation in 2023. The report, titled Climate Change in the Courts: A 2023 Thematic Retrospective, examines key cases and rulings that have shaped the legal discourse on climate change in 2023 or that are poised to […]

Litigating Enforcement: Germany’s Contested Climate Governance and the New Wave of Climate Litigation

Climate litigation in Germany has achieved another major victory. On November 30, 2023, the Higher Administrative Court Berlin-Brandenburg ruled in DUH and BUND v. Germany that the federal government must adopt an immediate action program (‘Sofortprogramm’) under the Federal Climate Change Act (CCA). The program is intended to ensure compliance […]

‘La Acción de Cumplimiento’ as a Legal Mechanism to Implement Colombian Climate Change Laws

Colombia accounts for 0.4% of the global greenhouse gas emissions (“GHG”). The agricultural, land use and forestry sectors are the largest sources of GHG emissions in Colombia, representing 59.1% of the national total. By 2030, Colombia aims to reduce its emissions by 51% in all sectors and achieve carbon neutrality […]

Sabin Center for Climate Change Law Submits Amicus Brief on Climate and Human Rights to Inter-American Court

Sabin Center for Climate Change Law Submits Amicus Brief on Climate and Human Rights to Inter-American Court On Friday, November 3, 2023, the Sabin Center submitted an amicus curiae brief to the Inter-American Court of Human Rights in the matter of the Request for Advisory Opinion on climate law, human […]

Sabin Center Launches Report with Summaries of the Briefs and Statements Submitted to the ITLOS on The Advisory Opinion on Climate Change

On September 29, 2023, a report titled “ITLOS Advisory Opinion on Climate Change: Summary of Briefs and Statements Submitted to the Tribunal” was published by the Sabin Center for Climate Change Law. This report offers an overview of the briefs and statements submitted to the International Tribunal for the Law […]

Understanding Unsuccessful Climate Litigation: The Spanish Greenpeace Case

On June 20, 2023, the Spanish Supreme Court handed down its final ruling in the case of Greenpeace v. Spain II, widely known as the trial for climate (“el juicio por el clima”). The decision, formally communicated to the parties on July 27, marks a pivotal moment in climate litigation. […]

Climate Litigation and Children’s Rights: Unpacking the CRC’s New General Comment

On August 28, 2023, the United Nations Committee on the Rights of the Child (UNCRC) published General Comment No. 26 (GC26) on children’s rights and the environment with a special focus on climate change. A general comment, despite non-binding, provides an authoritative interpretation of human rights treaty provisions – in […]