Search Non US Cases - Climate Change Litigation

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Non-compliance Procedure of Bulgaria under the Kyoto Protocol

At issue: Bulgaria’s failure to establish an initial report demonstrating its capacity to account for emissions

Jurisdictions:

United Nations Framework Convention on Climate Change

PPC Power v Slovak Financial Directorate

At issue: Interpretation of Article 1 of Directive 2003/87/EC establishing a scheme for greenhouse gas emission allowance trading within the European Community, in the context of the advance payment of tax on greenhouse gas emission allowances allocated free of charge which have not been used or have been transferred.

Jurisdictions:

European Union
- European Court of Justice

Evonik Degussa GmbH v Republic of Germany

At issue: Interpretation of Decision 2011/278, to determine whether free greenhouse gas emission allowances should be awarded in the context of implementing a process of separation of hydrogen in a rich gas stream which already contains hydrogen.

Jurisdictions:

European Union
- European Court of Justice

Saint-Gobain Glass Deutschland GmbH v European Commission

At issue: Saint-Gobain challenged the decision of the European Commission refusing access to the information of the Federal Environment Agency of the Federal Republic of Germany relating to Saint-Gobain’s installations in Germany.

Jurisdictions:

European Union
- European Court of Justice

INEOS Köln GmbH v Republic of Germany

At issue: INEOS challenged national provision, derived from Directive 2003/87/CE, establishing a time limit for applying for free emissions allocations for the period 2013-2020.

Jurisdictions:

European Union
- European Court of Justice

INEOS Köln GmbH v Republic of Germany

At issue: INEOS challenged the national legislation, derived from Directive 2003/87/CE, that excluded incompletely oxidised carbon in a liquid state from free emissions allocations.

Jurisdictions:

European Union
- European Court of Justice

Trinseo v. Federal Republic of Germany

At issue: Following the rejection by Germany of Trinseo’s application for free allocation of emission allowances, the ECJ must decide whether the directive n°2003/87/CE, that establishes a system of emission allowances and regulates the free allocation of those allowances, is applicable to the production of polycarbonate operated by Trinseo.

Jurisdictions:

European Union
- European Court of Justice

Poland v. European Parliament, Council of the EU

At issue: Poland unsuccessfully challenged the European Union’s decision to adopt a market stability reserve (which would effectively raise fossil fuel prices) on procedural grounds.

Jurisdictions:

European Union
- European Court of Justice

Kim Yujin et al. v. South Korea

At issue: South Korean youth filed suit against the government alleging that insufficient action on climate change violates their fundamental rights.

Jurisdictions:

South Korea
- Constitutional Court

Greenpeace Poland v. PGE GiEK

At issue: Greenpeace sued utility to compel GHG reductions.

Jurisdictions:

Poland
- Regional Court in Łódź

Smith v. Fronterra Co-Operative Group Limited

At issue: Plaintiff brought tort claims against GHG emitters, seeking to enjoin polluting activities.

Jurisdictions:

New Zealand
- High Court of New Zealand

In the Matter of the Greenhouse Gas Pollution Pricing Act, SC 2018, c. 12

At issue: Whether Canada's carbon pricing act is unconstitutional.

Jurisdictions:

Canada
- Alberta Court of Appeal

Zoubek et al. v. Austria

At issue: Greenpeace sued to invalidate tax credits on air travel, arguing that GHGs pose a threat to human rights.

Jurisdictions:

Austria
- Constitutional Court

Philippi Horticultural Area Food & Farming Campaign, et al. v. MEC for Local Government, Environmental Affairs and Development Planning: Western Cape, et al.

At issue: Petitioners challenged administrative decision allowing urban development.

Jurisdictions:

South Africa
- High Court

Lho’imggin et al. v. Her Majesty the Queen

At issue: Indigenous groups alleged Canada's climate policy, approval of GHG-emitting projects violate human and constitutional rights.

Jurisdictions:

Canada
- Federal Court

ClientEarth v. Secretary of State

At issue: Environmental group challenged government's decision to approve natural gas plant.

Jurisdictions:

United Kingdom
- England and Wales
  - High Court of Justice, Queen's Bench Division

Ruling on Modification to Ethanol Fuel Rule

At issue: Whether Mexico's rule increasing the maximum ethanol fuel content is constitutional.

Jurisdictions:

Mexico
- Supreme Court

Rights of Indigenous People in Addressing Climate-Forced Displacement

At issue: U.S. tribes filed human rights complaint with UN, alleging U.S. government has failed to address climate-caused displacement.

Jurisdictions:

United Nations Special Rapporteurs

Trial of Angela Ditchfield

At issue: Whether climate protester could assert necessity defense to escape liability for vandalism.

Jurisdictions:

United Kingdom
- England and Wales
  - Cambridge Magistrates' Court

Citizens’ Committee on the Kobe Coal-Fired Power Plant v. Japan

At issue: Families sought to block coal-fired units, compel government to regulate carbon dioxide emissions.

Jurisdictions:

Japan
- Osaka District Court

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