Climate change litigation: Difference between revisions

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{{Short description|Use of legal practice to further climate change mitigation}}
[[File:Supreme Court of the Netherlands, large courtroom (cropped).jpg|thumb|In 2019, the [[Supreme Court of the Netherlands]] confirmed that the government must cut carbon dioxide emissions, as climate change threatens human health.<ref name="Kaminski" />]]
'''Climate change litigation''', also known as '''climate litigation''', is an emerging body of [[environmental law]] using legal practice to set [[case law]] [[precedent]] to further [[climate change mitigation]] efforts from public institutions, such as governments and companies. In the face of slow [[politics of climate change|climate change politics]] delaying [[climate change mitigation]], activists and lawyers have increased efforts to use national and international judiciary systems to advance the effort. Climate litigation typically engages in one of five types of legal claims:<ref name=":0" /> [[Constitutional law]] (focused on breaches of constitutional rights by the state),<ref name="Viola2022">{{cite book | author = Pasquale Viola | date = 29 March 2022 | title = Climate Constitutionalism Momentum: Adaptive Legal Systems | publisher = Springer Nature | isbn = 978-3-03-097336-0 | url = https://books.google.com/books?id=kN5mEAAAQBAJ&pg=PA103 | access-date = 5 May 2022 | archive-date = 16 March 2024 | archive-url = https://web.archive.org/web/20240316004017/https://books.google.com/books?id=kN5mEAAAQBAJ&pg=PA103#v=onepage&q&f=false | url-status = live }}</ref> [[administrative law]] (challenging the merits of administrative decision making), [[private law]] (challenging corporations or other organizations for negligence, nuisance, etc., [[Consumer protection|fraud or consumer protection]] (challenging companies for misrepresenting information about climate impacts), or [[human rights]] (claiming that failure to act on climate change is a failure to protect human rights).<ref name=":1" />
 
Since the early 2000s, the legal frameworks for combating climate change have increasingly been available through [[legislation]], and an increasing body of court cases have developed an international body of law connecting climate action to legal challenges, related to constitutional law, administrative law, private law, consumer protection law or human rights.<ref name=":0">{{Cite web|last1=King|last2=Mallett|first2=Wood Mallesons-Daisy|last3=Nagra|first3=Sati|title=Climate change litigation - what is it and what to expect? {{!}} Lexology|url=https://www.lexology.com/library/detail.aspx?g=03ba4171-3769-4b77-b355-c9cf63cccc24|access-date=2020-09-20|website=www.lexology.com|date=27 February 2020|language=en|archive-date=2021-04-14|archive-url=https://web.archive.org/web/20210414060424/https://www.lexology.com/library/detail.aspx?g=03ba4171-3769-4b77-b355-c9cf63cccc24|url-status=live}}</ref> Many of the successful cases and approaches have focused on advancing the needs of [[climate justice]] and [[Youth climate movement|the youth climate movement]].<ref>{{cite news |title=Greenpeace Germany sues Volkswagen over carbon emissions targets |url=https://www.cnn.com/2021/11/09/business/volkswagen-climate-greenpeace-lawsuit/index.html |access-date=11 November 2021 |archive-date=10 November 2021 |archive-url=https://web.archive.org/web/20211110065700/https://www.cnn.com/2021/11/09/business/volkswagen-climate-greenpeace-lawsuit/index.html |url-status=live }}</ref> Since 2015, there has been a trend in the use of human rights arguments in climate lawsuits,<ref name="rights turn">{{cite journal |last1=Peel |first1=Jacqueline |last2=Osofsky |first2=Hari M. |title=A Rights Turn in Climate Change Litigation? |journal=Transnational Environmental Law |date=March 2018 |volume=7 |issue=1 |pages=37–67 |doi=10.1017/S2047102517000292|s2cid=158786536 |doi-access=free }}</ref> in part due to the recognition of the [[right to a healthy environment]] in more jurisdictions and at the United Nations.<ref>{{Cite journal |last1=de Vilchez |first1=Pau |last2=Savaresi |first2=Annalisa |date=2023-04-20 |title=The Right to a Healthy Environment and Climate Litigation: A Game Changer? |url=https://academic.oup.com/yielaw/article/32/1/3/6982625 |journal=Yearbook of International Environmental Law |language=en |volume=32 |issue=1 |pages=3–19 |doi=10.1093/yiel/yvac064 |issn=0965-1721 |hdl=1893/34872 |hdl-access=free |access-date=2023-07-04 |archive-date=2023-07-04 |archive-url=https://web.archive.org/web/20230704123050/https://academic.oup.com/yielaw/article/32/1/3/6982625 |url-status=live }}</ref>