Global Climate Litigation

63 posts

The ECtHR’s Klimaseniorinnen Judgment: The Meaning of Carbon Budget within a Wide Margin of Appreciation

The much-awaited European Court of Human Rights (ECtHR) Grand Chamber rulings in three key climate cases have arrived, with two ruled inadmissible (Carême v. France and Duarte Agostinho and Others v. Portugal and 32 Others) and one, brought by senior Swiss women, successful on the merits Verein KlimaSeniorinnen Schweiz and […]

Historic and Unprecedented: The ECtHR Upholds Positive Human Rights Obligations to Mitigate Climate Change

The three much-awaited judgments issued by the European Court of Human Rights (ECtHR) on April 9, 2024 are truly historic and unprecedented. In Verein Klimaseniorinnen Schweiz and Others v. Switzerland, the Grand Chamber established that climate change is “one of the most pressing issues of our times” and poses a […]

The Transformation of European Climate Change Litigation: Introduction to the Blog Symposium

In a transformative moment for European and global climate litigation, the European Court of Human Rights (ECtHR) ruled today that the state has a positive duty to adopt, and effectively implement in practice, regulations and measures capable of mitigating the existing and potentially irreversible future effects of climate change. In […]

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 […]