Litigation

47 posts

Guest Commentary: A new frontier in (Dutch) climate litigation: Greenwashing advertisements on CO2 compensation

By Marlies Hesselman* The first week of July 2022 brought on several major developments in climate litigation in the Netherlands, with possibly significant ramifications for a new type of global climate litigation. After landmark decisions in Urgenda and Shell, plaintiffs are asking a Dutch court to weigh in on a […]

Advancements in climate rights in courts around the world

By Maria Antonia Tigre While the United States Supreme Court yesterday delivered a major setback to the EPA’s ability to regulate greenhouse gas emissions in West Virginia. v. EPA, courts in other countries this week have issued decisions that demonstrate that courts worldwide remain an important forum for the potential […]

Inter-American Commission on Human Rights’ First Resolution on the Climate Emergency: Implications for Climate Litigation

By Pedro Cisterna-Gaete and Maria Antonia Tigre In March 2022, the Inter-American Commission on Human Rights (IACHR) and the Office of the Special Rapporteur on Economic, Social, Cultural and Environmental Rights (REDESCA) jointly published Resolution No. 3/21, entitled Climate Emergency: Scope of Inter-American human rights obligations. The resolution’s purpose is […]

Guest Commentary: A Review of Nigeria’s 2021 Climate Change Act: potential for increased climate litigation

By Prof. Muhammed Tawfiq Ladan, Phd* Background Countries around the world have increasingly adopted climate change laws over the last two decades. This is partially attributable to the dynamism in international climate negotiations but also a growing appreciation of the crucial role that national laws and policy measures play. Legislative […]

Cooperative Federalism, As Applied: Building Electrification

By Amy Turner Earlier this month, groups supporting the City of Berkeley, California filed six amicus briefs in the appellate proceeding California Restaurant Association v. City of Berkeley, currently before the U.S. Court of Appeals for the Ninth Circuit. At issue in the case is whether the U.S. Energy Policy […]

Local Government Associations File Brief to the Supreme Court in Support of EPA’s Clean Air Act Authority

By Jacob Elkin Today, the Sabin Center filed an amicus brief on behalf of the National League of Cities and the U.S. Conference of Mayors in West Virginia v. EPA, a case that is currently before the United States Supreme Court. The case concerns the scope of the United States […]

A new climate litigation claim in Brazil raises the pressure for increased climate action and protection of the Amazon rainforest

A new climate litigation claim in Brazil raises the pressure for increased climate action and protection of the Amazon rainforest By Maria Antonia Tigre On October 26, 2021, Observatório do Clima (OC), a network of 71 civil society organizations, filed a class action at the federal court of Amazonas against […]

The contribution of automakers to climate change: broadening the reach of private sector defendants in climate litigation

By Maria Antonia Tigre   On September 20, 2021, the German environmental organization Deutsche Umwelthilfe (DUH) filed two actions against the automakers BMW and Mercedes-Benz for refusing to tighten their carbon emissions target and stop producing fossil fuel fuel-emitting cars by 2030 (DUH v. BMW and DUH v. Mercedes-Benz). The […]