Climate Litigation Brief

In this case, the Court: 1. Clarified that the decision setting the policy for future energy supply was taken by a Cabinet Minister and thus fell outside the scope of an administrative decision and was therefore not subject to a court review under administrative law. Instead, the Court treated the action as a constitutional review. 2. Concluded that the South […]

In this case, the Court: 1. Concluded that all companies, and especially those whose products have contributed to climate change like Shell, have an obligation to do their part by reducing their emissions to limit global warming to 1.5°C as determined in the Paris Agreement. This is based on an unwritten social standard of care required from all persons, including […]

In this case: The Plaintiffs include two disability rights advocates in the UK, who are at increased risk of serious harm from the impacts of climate change in the UK. They are joined by the NGO Friends of the Earth. They bring a legal challenge against the United Kingdom’s Third National Adaptation Programme (NAP3), which the Government published in July […]

In this case, the Tribunal found that: It had jurisdiction to hear and respond to the Request for Advisory Opinion; UNCLOS is the applicable law in this proceeding, as well as other relevant rules of international law not incompatible with it; Anthropogenic GHG emissions fall within the UNCLOS definition of “pollution of the marine environment”; Obligations under Articles 192 and […]

In this case, the Court: Clarifies that only elder people who can demonstrate they are particularly vulnerable (ill) can be considered as victims and hence bring a case before the Court. On the other hand, the Court clarifies that associations whose purpose is to represent people whose rights are being negatively impacted by climate change can have standing before the […]

The Climate Litigation Brief, a joint initiative between the Carbon & Climate Law Review (CCLR) and the Climate Change Legal Initiative (C²LI), is a premier resource for in-depth insights and updates on climate litigation worldwide. This blog taps into the expertise of an international network of legal analysts, researchers, and jurisdiction-specific experts to bring readers detailed commentary on significant cases, […]