Hard blow for climate change litigation in the US

On 17 January 2020, the United States Court of Appeals for the Ninth Circuit issued its opinion on the Kelsey Rose Juliana v. United States case filled by 21 young citizens, an environmental organisation and a representative of future generations. By a majority of two judges, the Court dismissed the claim alleging that the government has violated claimants’ constitutional rights to life, liberty, property and the public trust doctrine by permitting, authorising, and subsidising fossil fuel use despite irreversible consequences regarding climate change.

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Human rights as a means of fighting climate change

On 20 December 2019, the Dutch Supreme Court issued a landmark judgement upholding the Court of Appeal’s decision in the Urgenda Foundation v. Netherlands case. The class action initiated by 900 Dutch citizens had as a core question whether the State had a duty of care to protect its citizens against the imminent danger caused by climate change. By compelling the State to reduce greenhouse gas emissions by at least 25% compared to 1990 by the end of 2020, the Supreme Court answered the question positively.

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