Relevant bibliographies by topics / Climate lawsuits

Academic literature on the topic 'Climate lawsuits'

Author: Grafiati
Published: 10 December 2022
Last updated: 28 January 2023

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Journal articles on the topic "Climate lawsuits"

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Craig, Robin Kundis. "California Climate Change Lawsuits." Asia-Pacific Journal of Ocean Law and Policy 3, no. 2 (November 1, 2018): 306–10. http://dx.doi.org/10.1163/24519391-00302008.

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Bragança, Ana Carolina Haliuc, Paulo Moutinho, Rafael da Silva Rocha, Ane Alencar, Livia Laureto, Isabel Castro, and Claudia Azevedo-Ramos. "Climate lawsuits could protect Brazilian Amazon." Science 373, no. 6553 (July 22, 2021): 403.2–404. http://dx.doi.org/10.1126/science.abk1981.

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Ermakova, E. P. "LAWSUITS AGAINST GOVERNMENTS AND PRIVATE COMPANIES OF EUROPEAN COUNTRIES OVER CLIMATE PROTECTION UNDER THE PARIS AGREEMENT 2015 (UK, NETHERLANDS, GERMANY AND FRANCE)." Вестник Пермского университета. Юридические науки, no. 49 (2020): 604–25. http://dx.doi.org/10.17072/1995-4190-2020-49-604-625.

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Introduction: the article analyzes claims for climate protection under the Paris Agreement 2015 considered by state courts of the UK, the Netherlands, Germany and France. It is proved that the number of legal cases, both against governments and private companies, related to protection of climate from changes is steadily increasing. Applicants rely on constitutional and human rights laws in their efforts to hold governments accountable for tackling climate change issues. Climate litigation is also influenced by new scientific discoveries and developments in the field of climate change, which allow plaintiffs to more accurately determine the environmental impact of projects, policies and laws. In this regard, a comparative analysis of the above issues appears to be of key importance. Purpose: based on the analysis of judicial precedents, scientific sources and normative acts, to form an idea of the new category of court cases in European countries – lawsuits against governments and private companies aimed at protecting the climate from changes under the Paris Agreement 2015. Methods: empirical methods of comparison, description, interpretation; theoretical methods of formal and dialectical logic; special scientific methods (legal-dogmatic and the method of interpretation of legal norms). Results: the conducted study showed that in Europe, over the past few years, the concept ‘protecting the climate from changes’ has shifted from the political to the legal sphere – active citizens and environmental organizations began to sue their governments and private companies based on the provisions of the Paris Agreement 2015, international documents and national legislation. In general, state courts of European countries (Germany, the Netherlands) have arrived at a conclusion that the governmental climate policy is subject to judicial review and must comply with the government’s responsibilities to protect fundamental rights in accordance with the Constitution. Conclusions: all lawsuits filed to protect the climate from changes under the Paris Agreement 2015 can be divided into two categories: a) lawsuits filed against governments; b) claims filed against private companies. Among the lawsuits filed against individual governments, the most successful has been the ‘Urgenda’, case, with the decision in this case confirmed by the Supreme Court of the Netherlands in December 2019. Claims aimed at ensuring that private companies also comply with the terms of the Paris Agreement (although not being parties to it) can be called a new type of lawsuit: most of these cases are not completed and are pending before state courts. Such lawsuits are directed against private companies that pollute atmosphere the most – Shell, Total, etc.
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Burgers, Laura. "Should Judges Make Climate Change Law?" Transnational Environmental Law 9, no. 1 (January 15, 2020): 55–75. http://dx.doi.org/10.1017/s2047102519000360.

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AbstractWhat scholars referred to as a climate change litigation ‘explosion’ in 2015 has today become an established movement which is unlikely to stop in the near future: worldwide, over a thousand lawsuits have been launched regarding responsibility for the dangers of climate change. Since the beginning of this trend in transnational climate litigation scholars have warned that the separation of powers is threatened where judges interfere with the politically hot issue of climate change. This article uses Jürgen Habermas's political theory on deliberative democracy to reconstruct the tension between law and politics generated by these lawsuits. This reconstruction affords a better understanding of the implications of climate change litigation: while the role of the judiciary as such remains unchanged, the trend is likely to influence the democratic legitimacy of judicial lawmaking on climate change, as it indicates an increasing realization that a sound environment is a constitutional value and is therefore a prerequisite for democracy.
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Coumes, Jonathan. "Look to Windward: The Michigan Environmental Protection Act and the Case for Atmospheric Trust Litigation in the Mitten State." Michigan Journal of Environmental & Administrative Law, no. 10.1 (2021): 275. http://dx.doi.org/10.36640/mjeal.10.1.look.

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Failure to address climate change or even slow the growth of carbon emissions has led to innovation in the methods activists are using to push decisionmakers away from disaster. In the United States, climate activists frustrated by decades of legislative and executive inaction have turned to the courts to force the hand of the state. In their most recent iteration, climate cases have focused on the public trust doctrine, the notion that governments hold their jurisdictions’ natural resources in trust for the public. Plaintiffs have argued that the atmosphere is part of the public trust and that governments have a duty to protect it. These types of lawsuits, known as Atmospheric Trust Litigation, have foundered on the shoals of courts wary of exceeding their powers, whether granted by Article III or state constitutions. The trouble in many cases, including Juliana v. United States, has been standing. Courts balk at declaring that any one actor has the power to affect climate change. Since they usually think one actor can’t fix the climate, redressability is out the window. Even if courts get past redressability, they believe the scale of any potential relief is just beyond the ability of a court to order. The number of lawsuits that have been filed suggests that that reasonable minds can differ, but most judges have found plaintiffs do not have standing before clearing the cases off their dockets. This Note contends that at least one state remains fertile ground for an atmospheric trust lawsuit. Michigan’s 1963 Constitution implies that the atmosphere is within the public trust, and the Michigan Environmental Protection Act, passed to carry out the state’s constitutional duties towards the natural world, does away with most, if not all, of the standing issues that have stymied climate cases across the nation. Motions, briefs, and equitable relief are not the only way to avoid the onset of what could be the greatest calamity in the history of humanity, but in Michigan, at least, Atmospheric Trust Litigation may well be what breaks and rolls back the carbon tide.
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Peel, Jacqueline, and Hari M. Osofsky. "A Rights Turn in Climate Change Litigation?" Transnational Environmental Law 7, no. 1 (December 29, 2017): 37–67. http://dx.doi.org/10.1017/s2047102517000292.

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AbstractIn 2015, a Pakistani court in the case ofLeghariv.Federation of Pakistanmade history by accepting arguments that governmental failures to address climate change adequately violated petitioners’ rights. This case forms part of an emerging body of pending or decided climate change-related lawsuits that incorporate rights-based arguments in several countries, including the Netherlands, the Philippines, Austria, South Africa, and the United States (US). These decisions align with efforts to recognize the human rights dimensions of climate change, which received important endorsement in the Paris Agreement. The decisions also represent a significant milestone in climate change litigation. Although there have been hundreds of climate-based cases around the world over the past two decades – especially in the US – past and much of the ongoing litigation focuses primarily on statutory interpretation avenues. Previous efforts to bring human rights cases have also failed to achieve formal success. The new cases demonstrate an increasing trend for petitioners to employ rights claims in climate change lawsuits, as well as a growing receptivity of courts to this framing. This ‘rights turn’ could serve as a model or inspiration for rights-based litigation in other jurisdictions, especially those with similarly structured law and court access.
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Varvaštian, Samvel. "Current Legal Developments Climate Change and the Constitutional Obligation to Protect Natural Resources: The Pennsylvania Atmospheric Trust Litigation." Climate Law 7, no. 2-3 (September 1, 2017): 209–26. http://dx.doi.org/10.1163/18786561-00702006.

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When it comes to climate litigation, environmental plaintiffs in the United States have demonstrated a remarkable ingenuity in terms of utilizing various legal avenues to compensate for the persisting regulatory gaps. In the last few years, the public trust doctrine and constitutional law have been present among these, in an attempt to put the risks associated with climate change on the map of human rights in relation to the environment and natural resources. However, despite a nationwide occurrence of such lawsuits, courts have been cautious in their approach to them. Similar lawsuits have emerged outside the United States, in Europe and Asia, demonstrating some viability. This analysis addresses the recent litigation in Pennsylvania, where petitioners asked the court to order the state government to take action on climate change and to declare such action a constitutional obligation under the state’s Constitution. 1
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Charles, D. "CLIMATE CHANGE: Polar Bear Listing Opens Door to New Lawsuits." Science 320, no. 5879 (May 23, 2008): 1000a—1001a. http://dx.doi.org/10.1126/science.320.5879.1000a.

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Schiermeier, Quirin. "Climate science is supporting lawsuits that could help save the world." Nature 597, no. 7875 (September 8, 2021): 169–71. http://dx.doi.org/10.1038/d41586-021-02424-7.

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Viglione, Giuliana. "Climate lawsuits are breaking new legal ground to protect the planet." Nature 579, no. 7798 (February 28, 2020): 184–85. http://dx.doi.org/10.1038/d41586-020-00175-5.

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Dissertations / Theses on the topic "Climate lawsuits"

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Šefčíková, Adriana. "Klimatická litigace a lidská práva." Master's thesis, 2020. http://www.nusl.cz/ntk/nusl-414884.

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Climate change has proven to be a real threat to human rights over the past years. The complex and layered link has been acknowledged, explored and nowadays it represents a justly feared aspect of climate change. Intentions of not only scientific, but also scholarly society has been therefore spinning around the question, how to stop the dangers stemming from the climate change and prevent further human rights violations. A climate litigation, born in the USA, and having spread the idea around the world seems to be one of the options to (partly) resolve the situation. The trend has been expanding over the past years and has become a phenomenon. Elderly, children and farmers take not only states, but also the biggest private emitters of GHGs known as Carbon Majors to court. The main objective of this thesis has been to discover the way to success in climate litigation cases based on human rights argumentation. The aim has been to generate an exemplary set of advices for drafters aiming at filing a climate lawsuit. Together with this question, the author had a particular interest in assessing the capability of human rights arguments to succeed on its own without additional support from other legal areas, such as tort law. The leading methodology used in this thesis was a comparison of legal arguments...
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Books on the topic "Climate lawsuits"

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U.S. Chamber Institute for Legal Reform. and Harris Interactive (Firm), eds. Lawsuit climate 2007: Rating the states. Washington, D.C: U.S. Chamber Institute for Legal Reform, 2007.

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Constructing A Private Climate Change Lawsuit Under English Law A Comparative Perspective. Kluwer Law International, 2010.

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Perramond, Eric P. Unsettled Waters. University of California Press, 2018. http://dx.doi.org/10.1525/california/9780520299351.001.0001.

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Water rights adjudications happen quietly every day across the western United States, sorting Indian water rights, claims by cities, and use by agriculture. This book argues that these state-driven court procedures change what they purport to merely measure and understand about water within state boundaries. Adjudications have unwittingly brought back to the surface old disputes over the meaning of water and access to it. Because of their adversarial court process and identity cleaving between Indian and non-Indian water rights, the state simultaneously faces resistance and friction over water use. Unsettled Waters uses insights from ethnography, geography, and critical legal perspectives to demonstrate the power of local negotiation in water settlements and to examine the side effects of these legal agreements and lawsuits in New Mexico, a state struggling with water scarcity. As the process unfolded in the twentieth century, new expert measures and cultures of expertise developed into an adjudication-industrial complex. These added layers of bureaucracy and technology complicated the state’s view of water. Water users have also pushed back against the state and have used the glacial pace of adjudication to adapt to changes in water law while making new demands. The process will also now have to account for climate-related water supply shifts and unquantified Indian water rights, as well as the demands endangered species and rivers themselves. Adjudication in the twenty-first century may serve a completely different purpose than what it was designed for over a century ago.
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Book chapters on the topic "Climate lawsuits"

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Frank, Will, Christoph Bals, and Julia Grimm. "The Case of Huaraz: First Climate Lawsuit on Loss and Damage Against an Energy Company Before German Courts." In Loss and Damage from Climate Change, 475–82. Cham: Springer International Publishing, 2018. http://dx.doi.org/10.1007/978-3-319-72026-5_20.

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Wagner, Erika. "Legal standing in climate-related lawsuits." In Climate Change, Responsibility and Liability, 415–40. Nomos Verlagsgesellschaft mbH & Co. KG, 2022. http://dx.doi.org/10.5771/9783748930990-415.

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Gunderson, Anna. "Do Private Prison Firms Respond to Successful Prison Litigation?" In Captive Market, 107–28. Oxford University Press, 2022. http://dx.doi.org/10.1093/oso/9780197624135.003.0005.

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Chapter 5 considers the perspective of private prison firms and analyzes how the stock performance of these companies varies as successful lawsuits are announced. To what degree do stockholders pay attention to these lawsuits? The author finds no effect in the aggregate and that court orders in general do not predict stock price changes. However, the author does find a significant and negative effect on the announcement of a lawsuit in states that have increasing numbers of private prisons. This suggests that investors are savvy and are particularly concerned about the legal climate in the states that privatize the most.
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Sarra, Janis. "Effective Engagement and Current Litigation on Climate Governance." In From Ideas to Action, 199–248. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780198852308.003.0007.

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Chapter 7 examines various forms of engagement with companies to press them to decarbonize. It discusses direct engagement with corporate boards, shareholder proposals, and proxy voting. It examines divestment as an option to advance climate goals. It also discusses why it is important to engage with policy-makers as they design and implement policies to transition domestic economies, and looks at some creative ways in which climate democracy is being enhanced. The chapter then turns to the extensive, emerging litigation against companies and their directors for their failure to manage climate risks. There are lawsuits both in the United States and globally against companies and institutional investors. The chapter also canvasses recent judgments denying licenses and other economic activities harmful to climate mitigation and adaptation.
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Johnson, Matthew. "Introduction." In Undermining Racial Justice, 1–8. Cornell University Press, 2020. http://dx.doi.org/10.7591/cornell/9781501748585.003.0001.

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This introductory chapter provides an overview of how elite universities responded to black campus activists by making racial inclusion and inequality compatible, focusing on the University of Michigan (UM). Since the 1960s, UM has gained national recognition for its racial inclusion programs. University and college leaders from around the country began visiting Ann Arbor because they saw UM as a model of inclusion. For the same reason, opponents of affirmative action and racial sensitivity training targeted UM in op-eds, books, and lawsuits. Given UM's reputation, it was no surprise when the university found itself at the center of two of the most famous affirmative action lawsuits of the twenty-first century: Gratz v. Bollinger and Grutter v. Bollinger (2003). In the eyes of black students, however, UM has never represented a model of racial inclusion. Black students' share of the student body has never matched blacks' share of the state or national population, and the majority of black students have never reported satisfaction with the university's racial climate. Nevertheless, black students' critiques never stopped UM leaders from claiming that racial inclusion was one of the university's core values.
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and, Hill. "Lawyer Up." In Building a Resilient Tomorrow, 37–55. Oxford University Press, 2019. http://dx.doi.org/10.1093/oso/9780190909345.003.0003.

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Media attention has focused most intently on lawsuits seeking to force action to cut greenhouse-gas emissions and to hold fossil-fuel companies to account. Even if the courts fail to resolve the essential challenge of cutting greenhouse-gas emissions, they will surely find themselves enmeshed in litigation for years over who pays for the damage. In courtroom after courtroom, judges will reach decisions that can contribute to or hinder resilience. This chapter explores how litigation over the harm caused by climate change impacts could offer greater clarity on who should pay for the damages and thereby spur decisions to invest in resilience on a large scale. As the severity and frequency of climate change-related damages grow, corporate directors and officers, architects, engineers, manufacturers, and others who have a duty to consider foreseeable harm and to manage the risk, will likely find themselves on the receiving end of litigation alongside fossil fuel companies and governments.
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Wallner, Julia. "The first Austrian climate lawsuit." In Climate Change, Responsibility and Liability, 361–80. Nomos Verlagsgesellschaft mbH & Co. KG, 2022. http://dx.doi.org/10.5771/9783748930990-361.

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Born, Charles-Hubert, and Hendrik Schoukens. "Biodiversity Litigation Before the Court of Justice of the European Union." In Biodiversity Litigation, 293—C11N208. Oxford University PressOxford, 2022. http://dx.doi.org/10.1093/oso/9780192865465.003.0011.

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Abstract The EU is arguably one of the major players in the field of international biodiversity governance and has ratified most of the prominent treaties in the field of nature conservation. During the past decades, the EU has, moreover, adopted a set of progressive directives and regulations, which aim for the recovery of the EU’s most threatened habitats and species and, indirectly, implement its biodiversity-related pledges. This chapters addresses the litigation strategies aimed at ensuring a better compliance with international biodiversity law (IBL). The picture that emerges is distinct: on the one hand, the supranational character of the EU legal order guarantees a more effective application of IBL whereas, on the other hand, it limits the added value of IBL. Only in a limited numbers of cases, has the Court of Justice of the EU (CJEU) referred to IBL. At the same time, however, the past decades have seen an increased rise in the legal protection that is provided for in nature protection cases, especially before the national courts. A plethora of decisions of the CJEU underlines the sharp teeth of many of the protection regimes that apply in EU law to endangered species and habitats, also in the context of economically important sectors, such as port expansion, intensive agriculture practices, and industrial facilities. The limited access for NGOs in direct annulment proceedings before the CJEU, however, underlines the lack of effective protection against unsustainable decisions for biodiversity adopted at the EU level. In future years, one can expect a rise of strategic biodiversity-based lawsuits, that focus on more systemic challenges to biodiversity, such as climate change, nitrogen pollution, and habitat fragmentation.
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Ermolina, Marina A., and Anna V. Kryukova. "International problem of climate change in the context of the human right to a favorable environment." In DIGEST OF WORLD POLITICS. ANNUAL REVIEW. VOLUME 10, 549–59. St. Petersburg State University, 2020. http://dx.doi.org/10.21638/11701/26868318.35.

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The subject of this study is the Urgenda Foundation v. The State of the Netherlands case related to climate law. This is the first known example of the use of European Union human rights law in a lawsuit on climate change and the observance of the human right to a healthy environment against the state. Using the comparative legal method, the authors consider similar cases in different countries, which makes it possible to determine the specifics of the relationship between the parties in the Fund’s case.
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