In New Zealand, a climate change spokesperson of Maori heritage is bringing a claim against big national GHG emitters to hold them liable for their contributions to climate change. While the court has dismissed the claims that were based on negligence and public nuisance, they allowed a claim to continue to trial that was based […]
Content type: Resource Bank
Data type: Legal citations,
Legal Topic: Climate change,
In the Netherlands, a case is being brought by a coalition of NGOs and over 17,000 claimants against Royal Dutch Shell for its contributions to climate impacts in the Netherlands. They are arguing their continued contributions to climate change violate their human rights.
Content type: Resource Bank
Data type: Legal citations,
Legal Topic: Climate change,
In France, a complaint has been filed under the “duty of vigilance” against Total. It argues that the company failed to assess the threats of new oil projects to human rights.
Content type: Resource Bank
Data type: Legal citations,
Legal Topic: Climate change,
Greenpeace Southeast Asia, other organisations and individuals filed a petition asking the Commission to investigate the relationship between human rights, climate change and the responsibilities of Carbon Majors. The Commission held fact-finding missions and public hearings in 2018. In 2019, the Commission found that Carbon Majors could be held liable for climate change impacts. Although the […]
Content type: Resource Bank
Data type: Legal citations,
Legal Topic: Climate change,
A case brought by the state of Rhode Island in the USA against 17 fossil fuel companies for their role in contributing climate impacts in Rhode Island. They are arguing that the defendants’ contributions to climate change have caused damage to Rhode Island residents, infrastructure and property through sea level rises and changes in weather […]
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Data type: Legal citations,
Legal Topic: Climate change,
A local community group successfully challenged the licensing of a coal-fired power plant on the basis it was granted without a proper environmental impact assessment was conducted. This was in part due to a failure to consider the climate impact of the project.
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Data type: Legal citations,
Legal Topic: Climate change,
Environmental organisations in Norway are challenging a licensing decision to permit oil exploration in the Barents Sea. They are challenging the decision on the basis that it violates the right to a healthy environment in Norway’s Constitution. They argue that the licensing decision could lead to the discovery, export and combustion of a large amount of […]
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Data type: Legal citations,
Legal Topic: Climate change,
An organisation against fracking challenged a UK government policy that promoted fracking on grounds that the policy was made without consideration being given to the climate impact of the policy. The court agreed and ruled that the policy was unlawful on this basis.
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Data type: Legal citations,
Legal Topic: Climate change,
The Mexican Supreme Court has invalidated a regulation in relation to the amount of ethanol allowed in gasoline because this of its potential environmental and climate change implications, and because of the failure to provide for the necessary public participation in the decision-making process.
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Data type: Legal citations,
Legal Topic: Climate change,
The case was brought after Hurricane Katrina caused serious flooding in New Orleans in 2005. The claim was brought on the basis that the Defendant failed in its duty to protect residents against flooding, because it had not ensured that the flood defences were high enough and strong enough. The claim initially succeeded. Although the […]
Content type: Resource Bank
Data type: Legal citations,
Legal Topic: Climate change,