This year marks the 10th anniversary of the Paris Agreement and highlights significant developments in climate justice and litigation since the landmark Urgenda case in 2019. Over the past year, notable legal decisions include:
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UK Court Rulings: Scottish courts deemed the UK government’s approvals for the Rosebank and Jackdaw oil and gas fields illegal for failing to consider greenhouse gas emissions. This set the stage for new assessments and potential further approvals, which Greenpeace may challenge.
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Brazil’s Coal Power Plans Canceled: Brazilian civil society groups succeeded in halting plans for the Nova Ceibal coal plant in Rio Grande do Sul, eventually leading to the project’s withdrawal due to its violation of climate obligations.
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German Climate Liability Precedents: A German court dismissed a climate damages lawsuit from a Peruvian farmer but set a precedent for new claims related to climate impacts, as seen in subsequent lawsuits from Pakistani farmers.
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Greenwashing Settlements: Energy Australia settled a lawsuit for misleading carbon-neutral claims, acknowledging that carbon offsets do not prevent or reverse greenhouse gas damage. Similar actions occurred with Apple and meat companies JBS and Tyson Foods, which reformed their marketing practices.
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International Court Opinions: The Inter-American Court and International Court of Justice issued advisory opinions asserting a human right to a healthy climate and states’ obligations to prevent climate harm, influencing global litigation.
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Australia and Hawaii Developments: A court halted a significant coal mine expansion in New South Wales due to insufficient emissions consideration, while Hawaii pledged to reduce transportation emissions following a youth-led lawsuit.
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Kenya’s Coal Power Plant Halted: A landmark ruling halted the construction of a coal plant in Kenya due to inadequate environmental assessments.
- UK and Norwegian Government Actions: The UK released a revised and more stringent carbon budget plan after its previous one was deemed illegal. Norwegian courts also declared licenses for oil fields illegal due to insufficient climate impact assessments.
These developments reflect ongoing efforts and legal frameworks being established to combat climate change and demand accountability from corporations and governments.
