Search Non US Cases - Climate Change Litigation

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In re Climate Resilience Bill

At issue: Whether a climate resilience bill, due to be passed in Autumn 2021, was insufficient to protect constitutional rights.

Jurisdictions:

France
- Constitutional Council

Australasian Centre for Corporate Responsibility v. Santos

At issue: Whether an oil and gas company's representations that natural gas is a clean fuel and that the company has a credible net zero emissions plan were misleading.

Jurisdictions:

Australia
- Federal Court of Australia

Lawyers for Climate Action Complaint to the Advertising Standards Board

At issue: Whether ads should be withdrawn because they made unsubstantiated environmental claims

Jurisdictions:

New Zealand
- Advertising Standards Authority Complaints Board

South Durban Community Environmental Alliance v. Minister of Environment and Others

At issue: Whether South Africa's authorization of oil exploration violates climate commitments

Jurisdictions:

South Africa
- High Court

Lawyers for Climate Action NZ v. The Climate Change Commission

At issue: Whether the New Zealand Climate Change Commission made insufficient emissions cuts recommendations

Jurisdictions:

New Zealand
- High Court of New Zealand

Greenpeace v. Spain II

At issue: Whether Spain's climate plan is sufficient to meet Paris Agreement goals

Jurisdictions:

Spain
- Supreme Court

Górska et al. v. Poland

At issue: Whether the Polish government's failure to protect plaintiffs from the worsening effects of climate change violates personal and human rights

Jurisdictions:

Poland
- District Court

A Sud et al. v. Italy

At issue: Whether the Italian government is violating fundamental rights through its inaction on the climate emergency

Jurisdictions:

Italy
- Civil Court of Rome

West Cumbria Mining v. Cumbria County Council

At issue: Whether Cumbria County Council acted lawfully in referring a decision on a planning application for a new coal mine to committee for a fourth time

Jurisdictions:

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

Bennett v. Cumbria County Council

At issue: Whether the grant of permission for a new coal mine by Cumbria County Council was lawful

Jurisdictions:

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

Loach et al v. OGA (“Paid to Pollute case”)

At issue: Whether the UK Oil and Gas Authority's new strategy is unlawful

Jurisdictions:

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

Ministério Público Federal v. de Rezende

At issue: Whether a Brazilian farmer is responsible for climate and environmental damages stemming from deforestation in the Amazon.

Jurisdictions:

Brazil
- 7th Federal Environmental and Agrarian Court of the Judiciary Section of Amazonas

SDCEA & Groundwork v. Minister of Forestry, Fisheries, and the Environment

At issue: Whether the South African government's approval of a natural gas power plant violated environmental assessment laws.

Jurisdictions:

South Africa
- High Court

Thomas & De Freitas v. Guyana

At issue: Whether Guyana's issuing of oil exploration permits violates constitutional human rights

Jurisdictions:

Guyana
- Supreme Court

Lone Pine v. Canada

At issue: Claims arising out of the revocation by the Government of Quebec of claimant's permits for petroleum and natural gas exploration in the Utica shale gas basin.

Jurisdictions:

International Centre for Settlement of Investment Disputes

Uniper v. Netherlands

At issue: Whether the Netherlands' plan to phase out coal by 2030 violates the Energy Charter Treaty.

Jurisdictions:

International Centre for Settlement of Investment Disputes

At issue: Claims arising out of a series of energy reforms undertaken by the Government affecting the renewables sector, including a 7 per cent tax on power generators’ revenues and a reduction in subsidies for renewable energy producers.

Jurisdictions:

Stockholm Chamber of Commerce

9REN Holding v. Spain

Jurisdictions:

International Centre for Settlement of Investment Disputes

CEF Energia v. Italy

At issue: Claims arising out of a series of governmental decrees to cut tariff incentives for some solar power projects.

Jurisdictions:

Stockholm Chamber of Commerce

Eskosol v. Italy

At issue: Claims arising out of a series of governmental decrees to cut tariff incentives for some solar power projects.

Jurisdictions:

International Centre for Settlement of Investment Disputes

Greentech and Novenergia v. Italy

At issue: Claims arising out of a series of governmental decrees to prematurely cut tariff incentives for photovoltaic plants.

Jurisdictions:

Stockholm Chamber of Commerce

Rockhopper v. Italy

At issue: Claims arising out of the decision not to award the claimants a production concession following the Government’s re-introduction of a general ban on oil and gas exploration and production activity within the 12 mile limit of the coastline.

Jurisdictions:

International Centre for Settlement of Investment Disputes

Strabag and others v. Germany

At issue: Claims arising out of the Government’s legislative changes to its renewable energy regime, including for offshore wind energy production, which allegedly caused the claimants to abandon their offshore wind projects.

Jurisdictions:

International Centre for Settlement of Investment Disputes

The PV Investors v. Spain

At issue: Whether a series of energy reforms undertaken by the Government affecting the renewables sector violated the rights of foreign investors under the Energy Charter Treaty.

Jurisdictions:

Permanent Court of Arbitration

Westmoreland v. Canada

At issue: Whether a US company had been unlawfully excluded from a compensation scheme designed to protect investors in the Alberta coal industry following plans by Alberta’s provincial government in 2015 to phase out coal-fired power plants in the province by 2030.

Jurisdictions:

International Centre for Settlement of Investment Disputes

R v. Bramwell et al (“The Shell Six case”)

At issue: Whether extinction rebellion protestors who caused damage to Shell's headquarters to protest the environmental damage caused by the company should be convicted of criminal damage.

Jurisdictions:

United Kingdom
- England and Wales
  - Southwark Criminal Court

Attorney General v. Crosland

At issue: Whether a barrister who breached a Supreme Court embargo by publishing the outcome of a case 24 hours early should be held in criminal contempt of court

Jurisdictions:

United Kingdom
- Supreme Court

ClientEarth v. Belgian National Bank

At issue: Whether the Belgian National Bank's purchasing of bonds from fossil fuel companies violated EU law.

Jurisdictions:

Belgium
- Brussels
  - Court of First Instance

Plan B Earth and Others v. Prime Minister

At issue: Whether the UK government violated human rights by failing to uphold Paris Agreement commitments.

Jurisdictions:

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

Klimatická žaloba ČR v. Czech Republic

At issue: Whether the Czech Republic's inaction on climate change violates human rights

Jurisdictions:

Czech Republic
- Prague Municipal Court

Envol Vert et al. v. Casino

At issue: Whether the French supermarket chain Casino violated the French duty of vigilance law through its involvement in cattle-industry caused deforestation in Brazil and Colombia.

Jurisdictions:

France
- Saint-Étienne Judicial Court

Six Youths v. Minister of Environment and Others

At issue: Whether Brazil's updated NDC violated the Paris Agreement and Brazil's constitution by decreasing its ambition.

Jurisdictions:

Brazil
- 14th Federal Civil Court of Sao Paulo

Mex M. v. Austria

At issue: Whether Austria has violated the rights of an MS patient through their inaction on climate change

Jurisdictions:

European Court of Human Rights

D. G. Khan Cement Company v. Government of Punjab

At issue: Whether a provincial decision barring new or expanded cement plants in environmentally fragile areas was lawful

Jurisdictions:

Pakistan
- Supreme Court

Parents for Future Brazil v. State Government of Sao Paulo

At issue: Whether the State of Sao Paulo must disclose climate and budget impacts of an automaking fund.

Jurisdictions:

Brazil
- Court of Justice of Sao Paulo

Friends of the Earth et al. v. Prefect of of Bouches-du-Rhône and Total

At issue: Whether a permit to operate a biorefinery must take into account climate impacts of palm oil production and use.

Jurisdictions:

France
- Administrative Court of Marseille

Association for Protection of Democratic Rights v. The State of West Bengal and Others

At issue: Whether the State of West Bengal may cut hundreds of trees in order to construct and widen roads.

Jurisdictions:

India
- Supreme Court

Global Legal Action on Climate Change v. The Philippines Government

At issue: Local government officials' compliance with 1989 law relating to water provision and flood control

Jurisdictions:

Philippines
- Supreme Court

Greenpeace Mexico v. Ministry of Energy and Others (on the National Electric System policies)

At issue: Whether National Electric System policies are unconstitutional for discriminating against renewables.

Jurisdictions:

Mexico
- First Circuit Collegiate Tribunal

Mexico
- District Court in Administrative Matters

Petition to the Inter-American Commission on Human Rights Seeking to Redress Violations of the Rights of Children in Cité Soleil, Haiti

At issue: Whether the health harms from trash disposal, exacerbated by climate change, violate Haitian children's human rights.

Jurisdictions:

Inter-American Commission on Human Rights

Hanuman Laxman Aroskar v. Union of India

At issue: Whether the Indian government's approval of a new airport adequately considered environmental impacts

Jurisdictions:

India
- Supreme Court

RWE v. Kingdom of the Netherlands

At issue: Whether the Netherlands' plan to phase out coal by 2030 violates the Energy Charter Treaty.

Jurisdictions:

International Centre for Settlement of Investment Disputes

Segovia et al. v. Climate Change Commission

At issue: Whether the Philippine government's Climate Change Commission violated the constitution by failing to enact ambitious climate-related transportation measures.

Jurisdictions:

Philippines
- Supreme Court

Greenpeace East Asia and others v. Ministry of Economic Affairs

At issue: Whether Taiwan's Regulation for Large Power Consumers was not sufficiently ambitious, in violation of the country's climate laws.

Jurisdictions:

Taiwan
- Taipei Administrative Court

ClientEarth v. European Investment Bank

At issue: Whether finance decisions by the European Investment Bank may be subject to requests for internal review under the Aarhus Convention over their potential environmental harm.

Jurisdictions:

European Union
- General Court (known as Court of First Instance before 2010)

Greenpeace Netherlands v. State of the Netherlands

At issue: Whether the Dutch government violated its duty of care to prevent dangerous climate change by failing to attach stringent climate conditions to its coronavirus bailout package of the airline KLM.

Jurisdictions:

Netherlands
- The Hague
  - District Court

Friends of the Earth v. UK Export Finance

At issue: Whether the UK government's decision to provide financing to a liquid natural gas project in Mozambique violated climate commitments

Jurisdictions:

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

Conservation Council of Western Australia v. Hatton and Woodside

At issue: Whether the state EPA's allowing expanded natural gas sourcing violated the state Environmental Protection Act due to environmental and climate impacts

Jurisdictions:

Australia
- Western Australia
  - Supreme Court

KEPCO Bylong Australia v. Independent Planning Commission and Bylong Valley Protection Alliance

At issue: Whether a planning commission's rejection of a coal mine on sustainability and climate grounds was unlawful

Jurisdictions:

Australia
- New South Wales
  - Land and Environment Court

Transport Action Network v. Secretary of State for Transport (on National Policy Statement)

At issue: Whether the UK government's national policy statement on road building must be reassessed in light of new, more ambitious climate targets

Jurisdictions:

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

Transport Action Network v. Secretary of State for Transport and Highway England Company (on Roads Investment Strategy)

At issue: Whether the UK government's Second Roads Investment Strategy unlawfully fails to consider climate and air pollution impacts

Jurisdictions:

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

Elliott-Smith v. Secretary of State for Business, Energy and Industrial Strategy et al.

At issue: Whether the UK Emissions Trading Scheme sets an improperly high emissions cap and unlawfully excludes incinerator emissions

Jurisdictions:

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

Institute of Amazonian Studies v. Brazil

At issue: Whether the Brazilian Constitution guarantees a fundamental right to a stable climate and whether the Brazilian government may be compelled to meet emission and deforestation reduction goals

Jurisdictions:

Brazil
- 4th Federal Regional Court

Brazil
- Federal District Court of Curitiba

Center for Food and Adequate Living Rights et al. v. Tanzania and Uganda

At issue: Whether agreements to build the East African Crude Oil Pipeline violate environmental and human rights impact assessment requirements

Jurisdictions:

East African Court of Justice

PSB et al. v. Brazil (on deforestation and human rights)

At issue: Whether Brazil's failure to curb deforestation and resulting climate change violates fundamental constitutional rights of indigenous peoples and current and future generations.

Jurisdictions:

Brazil
- Federal Supreme Court

Thomas v. EPA

At issue: Whether environmental permit that allowed oil exploration and production for 23 years violated Guyanese environmental regulations limiting such permits to five years

Jurisdictions:

Guyana
- Supreme Court

Greenpeace Mexico v. Ministry of Energy and Others (on the Energy Sector Program)

At issue: Whether Mexico's energy sector policy violates human rights by promoting fossil fuels at the expense of renewables

Jurisdictions:

Mexico
- District Court in Administrative Matters

Shrestha v. Office of the Prime Minister et al.

At issue: Seeking an order to compel the government of Nepal to enact an adequate climate change law

Jurisdictions:

Nepal
- Supreme Court

Korean Biomass Plaintiffs v. South Korea

At issue: Whether South Korea's subsidies to biomass generation violate the constitutional environmental rights of solar owners and nearby residents

Jurisdictions:

South Korea
- Constitutional Court

Lark v. Shellharbour City Council

At issue: Plaintiff challenged climate-based conditions in building permit

Jurisdictions:

Australia
- New South Wales
  - Land and Environment Court

Greenpeace v. Spain

At issue: Environmental groups sued Spanish government for greater climate action.

Jurisdictions:

Spain
- Supreme Court

Carballo, et al. v. State of the Province of Buenos Aires and the Provincial Agency for Sustainable Development

At issue: Plaintiffs alleged irregularities in permitting for thermoelectric plant.

Jurisdictions:

Argentina
- Administrative Court of Azul

Carballo et al. v. MSU S.A., UGEN S.A., & General Electric

At issue: Plaintiffs sought to block thermoelectric plant

Jurisdictions:

Argentina
- Federal Court of Azul

OAAA v. Araucaria Energy SA.

At issue: Plaintiffs sought to block thermoelectric plant

Jurisdictions:

Argentina
- Federal Court of Mercedes

Hahn et al. v. Araucaria Energy Sociedad Anonima

At issue: Plaintiffs sought to block thermoelectric plant

Jurisdictions:

Argentina
- Federal Court of Campana

Hahn et al. v. APR Energy S.R.L

At issue: Plaintiffs sought to block thermoelectric plant

Jurisdictions:

Argentina
- Federal Court of Campana

FOMEO v. MSU S.A., Rio Energy S.A., & General Electric

At issue: Petition sought to block thermoelectric plant

Jurisdictions:

Argentina
- Federal Court of San Nicolás

Johnston v Bass Coast Shire Council

At issue: Court considered climate change in assessing development permit

Jurisdictions:

Australia
- Victoria
  - Civil and Administrative Tribunal

Joe Davidson Town Planning v Byron Shire Council

At issue: Plaintiff sought rezoning for climate considerations

Jurisdictions:

Australia
- New South Wales
  - Land and Environment Court

Henroth Investments Pty Ltd v Sydney North Planning Panel

At issue: Plaintiff sought zoning review

Jurisdictions:

Australia
- New South Wales
  - Land and Environment Court

Gibson v Bass Coast Shire Council

At issue: Whether land should be subdivided to prepare for climate impacts.

Jurisdictions:

Australia
- Victoria
  - Civil and Administrative Tribunal

Friends of Leadbeater’s Possum Inc v VicForests (No 3)

At issue: Injunction sought to halt tree clearing

Jurisdictions:

Australia
- Federal Court of Australia

Sharma and others v. Minister for the Environment

At issue: Youth sought injunction to block coal project.

Jurisdictions:

Australia
- Federal Court of Australia

Youth v. Government of Mexico

At issue: Youth sought climate action by federal government.

Jurisdictions:

Mexico
- District Court in Administrative Matters

Corporation of the Canadian Civil Liberties Association v. Attorney General of Ontario

At issue: Whether local law requiring stickers on gas pumps about "carbon tax" violated free speech.

Jurisdictions:

Canada
- Ontario
  - Superior Court of Justice

Duarte Agostinho and Others v. Portugal and 32 Other States

At issue: Youth filed human rights complaint against 33 governments.

Jurisdictions:

European Court of Human Rights

EH v Queensland Police Service; GS v Queensland Police Service

At issue: Whether climate protesters were unlawfully convicted for protesting coal mine.

Jurisdictions:

Australia
- Queensland
  - District Court

Dunford v Gosford City Council

At issue: Plaintiff challenged building permit on coastal erosion grounds.

Jurisdictions:

Australia
- New South Wales
  - Land and Environment Court

Dougherty Bros Pty Ltd v Outline Planning Consultants Pty Ltd

At issue: Plaintiffs challenged building permit on climate change grounds.

Jurisdictions:

Australia
- New South Wales
  - Land and Environment Court

Cherry Tree Wind Farm Pty Ltd v Mitchell Shire Council

At issue: Challenge to wind farm

Jurisdictions:

Australia
- Victoria
  - Civil and Administrative Tribunal

Charles & Howard Pty Ltd v Redland Shire Council

At issue: Plaintiff challenged building approval on climate grounds.

Jurisdictions:

Australia
- Queensland
  - Planning and Environment Court

Australian Conservation Foundation Incorporated v Minister for the Environment and Energy

At issue: Environmental group challenged coal mine

Jurisdictions:

Australia
- Federal Court of Australia

Australasian Centre for Corporate Responsibility (ACCR) v Commonwealth Bank of Australia

At issue: Plaintiffs sought climate disclosures

Jurisdictions:

Australia
- Federal Court of Australia

0907346 [2009] RRTA 1168

At issue: Applicant sought protection under Refugee Act due to sea level rise.

Jurisdictions:

Australia
- Refugee Review Tribunal

Deutsche Umwelthilfe v. Stralsund Mining Authority

At issue: Environmental group challenged natural gas pipeline permit

Jurisdictions:

Germany
- Supreme administrative court of the State of Mecklenburg-Western Pomerania

Instituto Socioambiental et al v. IBAMA and the Federal Union

At issue: Plaintiffs sought reversal of an act issued by the federal environmental agency that eased requirements for the exportation of timber.

Jurisdictions:

Brazil
- 7th Federal Environmental and Agrarian Court of the Judiciary Section of Amazonas

O’Donnell v. Commonwealth

At issue: Holder of Australian bonds sued government to disclose climate risks.

Jurisdictions:

Australia
- Federal Court of Australia

Trans Mountain Pipeline ULC v. Mivasair

At issue: Pipeline protesters sought to assert necessity defense

Jurisdictions:

Canada
- British Columbia
  - Court of Appeal

Canada
- British Columbia
  - Supreme Court

Asociación Civil por la Justicia Ambiental v. Province of Entre Ríos, et al.

At issue: Class action asks Argentinian Supreme Court to recognize rights of the Paraná Delta.

Jurisdictions:

Argentina
- Supreme Court

Neubauer, et al. v. Germany

At issue: Youth argued that Germany's GHG reduction goals violated human rights.

Jurisdictions:

Germany
- Federal Constitutional Court

Development YES – Open-Pit Mines NO v. Group PZU S.A.

At issue: Complaint brought against Polish coal company under OECD National Guidelines.

Jurisdictions:

Poland
- National Point of Contact for the OECD Guidelines

PSB et al. v. Brazil (on Climate Fund)

At issue: Four political parties filed a Direct Action of Unconstitutional Omission to the Federal Supreme Court to compel the Ministry of the Environment to resume the activities of the Climate Fund.

Jurisdictions:

Brazil
- Superior Tribunal Federal

PSB et al. v. Brazil (on Amazon Fund)

At issue: Four political parties filed a Direct Action of Unconstitutional Omission before the Federal Supreme Court to compel the Ministry of the Environment to resume the activities of the Amazon Fund.

Jurisdictions: