by Anna Bortolussi The constitutional complaint filed by 19 youths alleges human rights violations resulting from the South Korean government’s failure to establish adequate reduction targets in accordance with international commitments that mitigate the effects of climate change. The applicants further complain that by changing GHG reduction targets, the President acted unconstitutionally and exceeded his...
Sixteen youth claimants are bringing a lawsuit challenging the constitutionality of Montana’s State Energy Policy — based on fossil fuels — and the ‘Climate Change Exception’ within the Montana Environmental Policy Act (MEPA).
The trial of the case of Held v. State of Montana commenced on June 12, 2023, marking the first time a constitutional law climate lawsuit led by youth plaintiffs has gone to trial in the United States.
Urgenda brought a lawsuit against the State of the Netherlands, alleging human rights violations from a failure to comply with their duty of care by lacking an adequate policy to reduce GHG emissions.
Country: United States Defendant: State of Alaska Law Applied: Constitutional LawDomestic Environmental Law Key words: Human RightsClimate JusticeJust TransitionPublic TrustLoss and Damage Case Information: Court(s): Alaskan Supreme Court; Alaskan Superior Court Dissenting Judgement: Majority Decision (split 3:2) Filing Date: 2017 Last Update: 28 January 2022 Status: Dismissal affirmed ISSUES The claim is an appeal against...
Ten youths brought a complaint against the State of Hessen, Germany, claiming that the state’s failure to set adequate climate protection goals and reduction paths was in violation of domestic environmental law and constitutional law. They alleged that failure to mitigate would have adverse effects on the plaintiffs’ human rights and health, as well as...
37 youth claimants brought a claim against the European Union, arguing that the EU’s climate change regime was not ambitious enough as it was violating the rights of the applicants. The claims were rejected on the basis that the applicants lacked standing. Country European Union (EU) Defendant State (EU) Law Applied International Environmental Law; International Human...
By Leon Qiu Country UK Defendants State Law applied Domestic Environmental Law Key words United Kingdom; Court of First Instance; Court of Appeal; Supreme Court; Environmental Law. Case Information: Court(s): Queen’s Bench Division (Divisional Court), Court of Appeal (Civil Division), the Supreme Court Dissenting judgement? No Filing date: 2018 Last Update: 2020 Status: Decided ISSUES Divisional Court Whether the...
By Björn Lambrenos Country Australia Defendants Corporate Law Applied Civil Law Key Words Corporations; Federal Court of Australia; Civil Law Case Information: Court: Federal Court of Australia Dissenting judgement? No Filing Date: 2018 Last Update: 2020 Status: Decided ISSUES Whether an Australian pension fund violated the law by failing to disclose information on climate change business risks...
by Anna Bortolussi Country Portugal, European Union Defendant(s) States Law Applied International Human Rights Law; International Environmental Law; European Convention on Human Rights; United Nations Framework Convention on Climate Change (UNFCCC); Paris Agreement. Key words States; Human Rights; Mitigation; Climate Justice. Case Information: Court(s): European Court of Human Rights Dissenting Judgement? No Filing Date: 2020 Last Update: 2022 Status: Pending ISSUES...