On Monday, April 17, 2023, the U.S. Court of Appeals for the Ninth Circuit handed down a decision in California Restaurant Association v. City of Berkeley. The court overturned a District Court ruling to invalidate a Berkeley, California, prohibition on natural gas infrastructure in newly-constructed buildings. Berkeley’s so-called “natural gas […]
Litigation
32 posts
On December 12, 2022, the Commission of Small Island States on Climate Change and International Law (COSIS) requested the International Tribunal for the Law of the Sea (ITLOS) issue an advisory opinion on the State Parties’ obligations under the United Nations Convention on the Law of the Sea (UNCLOS) to […]
By Maria Antonia Tigre As noted at the end of last year, 2021 was significant for climate litigation, with several decisions worldwide providing a fresh look at stakeholder responsibility for climate change. 2022 was no different, with courts further delineating the procedural dimensions of climate cases and expanding on the […]
On Monday, December 5, the Sabin Center filed written observations as a third-party intervener at the European Court of Human Rights (ECtHR) in Verein KlimaSeniorinnen and others v Switzerland. The case was brought in November 2020 by a group of senior women who allege that their health is threatened by […]
Guest Commentary: Indonesian Human Rights Commission’s first human rights complaint on the impacts of climate change By Margaretha Quina and Mae Manupipatpong* In July 2022, Indonesians at the frontline of climate change filed a claim before the National Human Rights Commission seeking recognition that climate change is a matter […]
Guest Commentary: An Unexpected Success for Czech Climate Litigation Eva Balounová * Introduction On June 15, 2022, the Prague Municipal Court, a first instance administrative court, decided in favor of the plaintiffs in the first Czech strategic climate case (Klimatická žaloba ČR v. Czech Republic) and ordered the Czech Republic’s […]
United Nations Human Rights Committee finds that Australia is violating human rights obligations towards Torres Strait Islanders for climate inaction By Maria Antonia Tigre On September 23, 2022, the United Nations Human Rights Committee (UNHRC) delivered a landmark decision in Daniel Billy and others v Australia (Torres Strait Islanders […]
Guest Commentary: Legal action in a time of climate crisis By Katie de Kauwe and Millie John-Pierre* On July 18, 2022, one of the hottest days on record in the UK, an equally ground-breaking judgment was handed down by the High Court of England and Wales in R (Friends of […]