*[Enwl-eng] [can-eecca] Climate cases to watch around the world
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Jul 15, 2019, 6:18:41 AM7/15/19
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Очень интересный отчет по судебным делам в области изменения
климата! Статья ниже, отчет во вложении.
Climate cases to watch around the world
Jennifer Hijazi, E&E News reporter
Published: Wednesday, July 10, 2019
The United States is not the only country with a steady flow of climate
lawsuits.
A study released last week found that as of this year, climate cases
have appeared in the courts of 28 countries.
While climate litigation is not new, the steady drumbeat of cases in the
United States and abroad points to a trend: Individuals and groups
increasingly see the courts as a way to address climate change.
The report by the Grantham Research Institute on Climate Change and the
Environment surveyed worldwide climate litigation from the early 1990s
to 2019. It culled data mainly from the Climate Change Laws of the World
database, run by the Grantham Institute and Columbia Law School's Sabin
Center for Climate Change Law.
Of the 1,328 cases surveyed, a famously litigious United States holds a
hefty lead at 1,023. Australia follows with 94 cases.
Climate change cases in low- and middle-income countries are also on the
rise, according to the report. Eleven of the countries listed in the
report are on the World Bank's low- and middle-income list.
According to the report, more than 300 climate cases have been brought
to courts outside the United States since 1994.
The cases tend to feed off each other, said Carroll Muffett, president
of the Center for International Environmental Law.
"Law is by nature an iterative process, and that's particularly true
where ... you see the law moving into areas that are, in some respects,
new," he said. "In those circumstances, it's not at all uncommon for
both plaintiffs and judges alike to look across borders for examples of
relevant precedence."
Many of the international lawsuits will look familiar to those following
U.S. climate litigation.
Similarly to the ongoing kids' climate case in U.S. courts, youth
plaintiffs in Colombia sued the government in 2018 over the fundamental
rights to a safe environment. Lower courts ruled against the kid
plaintiffs, but Colombia's Supreme Court reversed the decision.
The Colombian government was compelled to take measures to address
climate change as a result of the loss, but the case was thrown back to
court when the government failed to take action.
Another group of plaintiffs in Canada took a class-action suit on behalf
of Quebec citizens younger than 35 to the Quebec Supreme Court. Like
other youth climate cases, the suit accuses the government of violating
kids' rights to a safe climate by intentionally setting ineffective
greenhouse gas emission targets.
Shareholders in Australia, on the other hand, targeted the Commonwealth
Bank of Australia for failing to disclose climate change business risks
in annual reports. A decision is pending.
And in the Netherlands, an environmental group is suing fossil fuel
producer Royal Dutch Shell PLC for its contributions to the effects of
climate change.
Muffett — whose group has filed amicus briefs and testified in support
of a number of international cases — said the most important trend
surrounding this litigation is its rapid spread.
"One of the things that really needs to be highlighted here is the
diversity of those suits, and this is true whether we look
internationally or domestically," he said.
Dena Adler, a fellow at the Sabin Center, told E&E News in an email that
these cases "can face an uphill battle in the courtroom," but "early
victories in the Netherlands and Colombia illustrate that legal barriers
can be overcome in at least some jurisdictions."
Here are some of the other ongoing international cases to watch:
Australia
Eight islanders from the Torres Strait, just off the coast of
Queensland, Australia, are suing the Australian government for failing
to address climate change. In their filing with the U.N. Human Rights
Committee, petitioners say their homes are at risk due to high tides
that threaten to completely inundate the islands. They argue that
Australia, by not doing enough to mitigate greenhouse gas emissions and
contributing to climate change, violated their human rights under the
International Covenant on Civil and Political Rights.
In a separate case in the Federal Court of Australia, pension fund
member Mark McVeigh went after the Retail Employees Superannuation Trust
for failing to provide adequate information about climate change
business risks.
McVeigh requested information about how the company planned to respond
to climate change risks that "have posed, and will increasingly continue
to pose, material or major risks to the financial position of many of
REST's investments." He sued when he found its response inadequate.
France The French government has been the target of two cases so far in
2019.
In one, the mayor of a coastal town in northern France filed suit
against the government at the Conseil d'État for not doing enough to
curb global warming.
According to a press release provided by the plaintiffs, "the
municipality of Grande-Synthe is particularly vulnerable to climate
change." The government needs "to take useful legislative and regulatory
measures to make climate priority mandatory and to prohibit any measure
likely to increase greenhouse gas emissions."
Another case, filed in the Administrative Court in Paris by
environmental groups, requests damages from the French government for
failing to tackle climate change. The suit asks that the court compel
the government to "put an end to all the State's failures to meet its
obligations — general and specific — regarding the fight against climate
change or the mitigation of its effects."
India
At 9 years old, Ridhima Pandey filed a lawsuit in the National Green
Tribunal of India against the Indian government over its alleged lack of
climate action. The 2017 suit claimed that her government violated
duties stipulated in existing environmental law and India's Public Trust
Doctrine from the Paris Agreement.
"As a young person, the Applicant is part of a class that amongst all
Indians is most vulnerable to changes in climate in India yet are not
part of the decision making process," the complaint said. "The
government has failed to take any effective science-based measure, and
there is a huge gap in implementation of the environmental
legislations."
Ireland
An environmental advocacy group brought a 2018 case against the Irish
government for inadequately dealing with climate change.
The case alleges that the government's National Mitigation Plan to curb
emissions isn't enough to prevent severe consequences, thus violating
human rights under the European Convention on Human Rights and existing
environmental regulations.
While Ireland's High Court did hear arguments in Friends of the Irish
Environment v. Ireland, the Irish government opted to keep case
documents from going public.
Pakistan
Women in Pakistan claim their government infringed on their rights not
just with regard to a safe climate, but also on the basis of sex
discrimination.
In Maria Khan et al. v. Federation of Pakistan et al., a group of female
petitioners say that the consequences of global warming — exacerbated by
the Pakistan's rapid greenhouse gas emissions — will have
disproportionate effects on women because of social constraints that
afford them less opportunities to cope than men.
"In addition, they tend to possess fewer assets than men and depend more
on natural resources for their livelihoods. In time of a disaster, women
are more likely to suffer due to their limited access to financial,
natural, institutional or social resources and often due to social norms
and ethos," the complaint said.
Philippines
Individuals and environmental advocacy organizations, including
Greenpeace Southeast Asia, filed a petition in the Philippines
Commission on Human Rights against a slew of "carbon majors," including
top oil and gas producers around the world.
Petitioners say the activities of those producers "contribute a
significant portion of the estimated emissions of greenhouse gases" that
cause climate change damages felt keenly by Filipinos.
The suit alleges "violations or threats of violations of Filipinos'
rights (a) to life; (b) to the highest attainable standard of physical
and mental health;(c) to food; (d) to water; (e) to sanitation; (f) to
adequate housing; and (g) to self-determination resulting from the
adverse impacts of climate change."
The commission took up the case and began holding public hearings last
year.
Uganda
A youth case brought in 2012 marked the first climate-related litigation
effort in Uganda. But the lawsuit has faced significant delays.
Four Ugandan minors and environmental organization Greenwatch argued
that the government has a responsibility under the Ugandan Constitution
to act "as a public trustee to ensure that the atmosphere is free from
pollution for the present and future generations."
The case had a preliminary hearing, but no action has been taken since.
The case remains pending in the High Court at Kampala.
Cases on appeal
Several high-profile international case are awaiting appeals decisions.
They include:
Lliuya v. RWE: A Peruvian farmer sued Germany's largest electricity
producer for knowingly producing greenhouse gas emissions that
contribute to melting glaciers near his home.
Union of Swiss Senior Women for Climate Protection v. Swiss Federal
Council and others: A group of senior women say they're
disproportionately affected by the Swiss government's failure to do
enough to curb emissions.
Urgenda Foundation v. State of the Netherlands: This landmark climate
case — in which an environmental group sued the government for failing
to do more about climate change — prevailed in two lower courts. The
Dutch government has appealed.
Armando Ferrão Carvalho and others v. the European Parliament and the
Council: Also known as the "People's Climate Case," this case was
brought by families from around the world who argue that the European
Union's current emissions reduction plan isn't stringent enough to avoid
severe climate consequences, thus violating their fundamental rights to
life, health and property.
-- CAN-talk Listserv | CAN-...@listi.jpberlin.de | https://listi.jpberlin.de/mailman/listinfo/can-talk | Emails received through CAN-talk are confidential and should not be circulated beyond CAN members unless otherwise stated. -- Subscribe to CAN's ECO Newsletter @ http://climatenetwork.org/eco-newsletters --
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---------- Forwarded message ---------
От: Fred Heutte <ph...@sunlightdata.com>
От: Fred Heutte <ph...@sunlightdata.com>
Climate cases to watch around the world
Jennifer Hijazi, E&E News reporter
Published: Wednesday, July 10, 2019
The United States is not the only country with a steady flow of climate
lawsuits.
A study released last week found that as of this year, climate cases
have appeared in the courts of 28 countries.
While climate litigation is not new, the steady drumbeat of cases in the
United States and abroad points to a trend: Individuals and groups
increasingly see the courts as a way to address climate change.
The report by the Grantham Research Institute on Climate Change and the
Environment surveyed worldwide climate litigation from the early 1990s
to 2019. It culled data mainly from the Climate Change Laws of the World
database, run by the Grantham Institute and Columbia Law School's Sabin
Center for Climate Change Law.
Of the 1,328 cases surveyed, a famously litigious United States holds a
hefty lead at 1,023. Australia follows with 94 cases.
Climate change cases in low- and middle-income countries are also on the
rise, according to the report. Eleven of the countries listed in the
report are on the World Bank's low- and middle-income list.
According to the report, more than 300 climate cases have been brought
to courts outside the United States since 1994.
The cases tend to feed off each other, said Carroll Muffett, president
of the Center for International Environmental Law.
"Law is by nature an iterative process, and that's particularly true
where ... you see the law moving into areas that are, in some respects,
new," he said. "In those circumstances, it's not at all uncommon for
both plaintiffs and judges alike to look across borders for examples of
relevant precedence."
Many of the international lawsuits will look familiar to those following
U.S. climate litigation.
Similarly to the ongoing kids' climate case in U.S. courts, youth
plaintiffs in Colombia sued the government in 2018 over the fundamental
rights to a safe environment. Lower courts ruled against the kid
plaintiffs, but Colombia's Supreme Court reversed the decision.
The Colombian government was compelled to take measures to address
climate change as a result of the loss, but the case was thrown back to
court when the government failed to take action.
Another group of plaintiffs in Canada took a class-action suit on behalf
of Quebec citizens younger than 35 to the Quebec Supreme Court. Like
other youth climate cases, the suit accuses the government of violating
kids' rights to a safe climate by intentionally setting ineffective
greenhouse gas emission targets.
Shareholders in Australia, on the other hand, targeted the Commonwealth
Bank of Australia for failing to disclose climate change business risks
in annual reports. A decision is pending.
And in the Netherlands, an environmental group is suing fossil fuel
producer Royal Dutch Shell PLC for its contributions to the effects of
climate change.
Muffett — whose group has filed amicus briefs and testified in support
of a number of international cases — said the most important trend
surrounding this litigation is its rapid spread.
"One of the things that really needs to be highlighted here is the
diversity of those suits, and this is true whether we look
internationally or domestically," he said.
Dena Adler, a fellow at the Sabin Center, told E&E News in an email that
these cases "can face an uphill battle in the courtroom," but "early
victories in the Netherlands and Colombia illustrate that legal barriers
can be overcome in at least some jurisdictions."
Here are some of the other ongoing international cases to watch:
Australia
Eight islanders from the Torres Strait, just off the coast of
Queensland, Australia, are suing the Australian government for failing
to address climate change. In their filing with the U.N. Human Rights
Committee, petitioners say their homes are at risk due to high tides
that threaten to completely inundate the islands. They argue that
Australia, by not doing enough to mitigate greenhouse gas emissions and
contributing to climate change, violated their human rights under the
International Covenant on Civil and Political Rights.
In a separate case in the Federal Court of Australia, pension fund
member Mark McVeigh went after the Retail Employees Superannuation Trust
for failing to provide adequate information about climate change
business risks.
McVeigh requested information about how the company planned to respond
to climate change risks that "have posed, and will increasingly continue
to pose, material or major risks to the financial position of many of
REST's investments." He sued when he found its response inadequate.
France The French government has been the target of two cases so far in
2019.
In one, the mayor of a coastal town in northern France filed suit
against the government at the Conseil d'État for not doing enough to
curb global warming.
According to a press release provided by the plaintiffs, "the
municipality of Grande-Synthe is particularly vulnerable to climate
change." The government needs "to take useful legislative and regulatory
measures to make climate priority mandatory and to prohibit any measure
likely to increase greenhouse gas emissions."
Another case, filed in the Administrative Court in Paris by
environmental groups, requests damages from the French government for
failing to tackle climate change. The suit asks that the court compel
the government to "put an end to all the State's failures to meet its
obligations — general and specific — regarding the fight against climate
change or the mitigation of its effects."
India
At 9 years old, Ridhima Pandey filed a lawsuit in the National Green
Tribunal of India against the Indian government over its alleged lack of
climate action. The 2017 suit claimed that her government violated
duties stipulated in existing environmental law and India's Public Trust
Doctrine from the Paris Agreement.
"As a young person, the Applicant is part of a class that amongst all
Indians is most vulnerable to changes in climate in India yet are not
part of the decision making process," the complaint said. "The
government has failed to take any effective science-based measure, and
there is a huge gap in implementation of the environmental
legislations."
Ireland
An environmental advocacy group brought a 2018 case against the Irish
government for inadequately dealing with climate change.
The case alleges that the government's National Mitigation Plan to curb
emissions isn't enough to prevent severe consequences, thus violating
human rights under the European Convention on Human Rights and existing
environmental regulations.
While Ireland's High Court did hear arguments in Friends of the Irish
Environment v. Ireland, the Irish government opted to keep case
documents from going public.
Pakistan
Women in Pakistan claim their government infringed on their rights not
just with regard to a safe climate, but also on the basis of sex
discrimination.
In Maria Khan et al. v. Federation of Pakistan et al., a group of female
petitioners say that the consequences of global warming — exacerbated by
the Pakistan's rapid greenhouse gas emissions — will have
disproportionate effects on women because of social constraints that
afford them less opportunities to cope than men.
"In addition, they tend to possess fewer assets than men and depend more
on natural resources for their livelihoods. In time of a disaster, women
are more likely to suffer due to their limited access to financial,
natural, institutional or social resources and often due to social norms
and ethos," the complaint said.
Philippines
Individuals and environmental advocacy organizations, including
Greenpeace Southeast Asia, filed a petition in the Philippines
Commission on Human Rights against a slew of "carbon majors," including
top oil and gas producers around the world.
Petitioners say the activities of those producers "contribute a
significant portion of the estimated emissions of greenhouse gases" that
cause climate change damages felt keenly by Filipinos.
The suit alleges "violations or threats of violations of Filipinos'
rights (a) to life; (b) to the highest attainable standard of physical
and mental health;(c) to food; (d) to water; (e) to sanitation; (f) to
adequate housing; and (g) to self-determination resulting from the
adverse impacts of climate change."
The commission took up the case and began holding public hearings last
year.
Uganda
A youth case brought in 2012 marked the first climate-related litigation
effort in Uganda. But the lawsuit has faced significant delays.
Four Ugandan minors and environmental organization Greenwatch argued
that the government has a responsibility under the Ugandan Constitution
to act "as a public trustee to ensure that the atmosphere is free from
pollution for the present and future generations."
The case had a preliminary hearing, but no action has been taken since.
The case remains pending in the High Court at Kampala.
Cases on appeal
Several high-profile international case are awaiting appeals decisions.
They include:
Lliuya v. RWE: A Peruvian farmer sued Germany's largest electricity
producer for knowingly producing greenhouse gas emissions that
contribute to melting glaciers near his home.
Union of Swiss Senior Women for Climate Protection v. Swiss Federal
Council and others: A group of senior women say they're
disproportionately affected by the Swiss government's failure to do
enough to curb emissions.
Urgenda Foundation v. State of the Netherlands: This landmark climate
case — in which an environmental group sued the government for failing
to do more about climate change — prevailed in two lower courts. The
Dutch government has appealed.
Armando Ferrão Carvalho and others v. the European Parliament and the
Council: Also known as the "People's Climate Case," this case was
brought by families from around the world who argue that the European
Union's current emissions reduction plan isn't stringent enough to avoid
severe climate consequences, thus violating their fundamental rights to
life, health and property.
-- CAN-talk Listserv | CAN-...@listi.jpberlin.de | https://listi.jpberlin.de/mailman/listinfo/can-talk | Emails received through CAN-talk are confidential and should not be circulated beyond CAN members unless otherwise stated. -- Subscribe to CAN's ECO Newsletter @ http://climatenetwork.org/eco-newsletters --
Best regards,
Tatiana
Shauro
Communications
Department
Regional
Campaigns Communications Officer EECCA
(Eastern
Europe, Caucasus and Central Asia)
Climate Action Network-International (CAN)
Skype: samaparodia
tsh...@climatenetwork.org
https://www.facebook.com/tatiana.shauro.3
www.climatenetwork.org
www.facebook.com/CANInternational
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Subscribe to the ECO newsletter: http://climatenetwork.org/eco-newsletters
Climate Action Network-International (CAN)
Skype: samaparodia
tsh...@climatenetwork.org
https://www.facebook.com/tatiana.shauro.3
www.climatenetwork.org
www.facebook.com/CANInternational
Twitter: @CANIntl
Subscribe to the ECO newsletter: http://climatenetwork.org/eco-newsletters
From: Tatiana Shauro
Sent: Sunday, July 14, 2019 8:25 PM
Subject: [can-eecca] Climate cases to watch around the
world
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