Notre Affaire à Tous and Others v. France

Summary:

On December 17, 2018, four nonprofits sent a “lettre préalable indemnitaire” (letter of formal notice) to Prime Minister Edouard Philippe and 12 members of the French government, initiating the first stage in a legal proceeding against the French government for inadequate action on climate change. This type of letter is part of a legal proceeding known as “recours en carence fautive” (action for failure to act). According to their press release, the plaintiffs allege that the French government’s failure to implement proper measures to effectively address climate change violated a statutory duty to act.

The four plaintiff groups are Fondation pour la Nature et l’Homme (FNH), Greenpeace France, Notre Affaire à Tous and Oxfam France. The press release argues that the government’s duty to act on climate change can be inferred from the French Constitution, the European Convention on Human Rights, and many other international agreements, (including the Stockholm Declaration, the World Charter for Nature, the Rio Declaration on Environment and Development, the United Nations Framework Convention on Climate Change, the Kyoto Protocol and the Paris Climate Agreement). They further infer this right from European legislation, (including the Renewable Energy and Climate Change Package and other EU directives), and domestic policies, (including statutory laws such as Grenelle I and the Act of 17 August 2015 on energy transition for green growth).

On February 15, 2019, the French government rejected the plaintiffs' request. On March 14, 2019, the plaintiffs initiated the lawsuit by filing a "summary request" before the Administrative Court of Paris. The plaintiffs' press release describes the lawsuit as challenging the state's inaction on climate change and failure to meet its own goals for reducing greenhouse gas emissions, increasing renewable energy, and limiting energy consumption.

At Issue: Whether the French government’s failure to take further action on climate change violates a statutory duty to act under domestic and international law