Deutsche Welle - Anne-Sophie Brändlin
Did you know it's possible to take legal action to fight global
warming? Ever more citizens are doing just that. Here are four landmark
climate change lawsuits with significant decisions pending in 2018.
Citizens around the world are taking climate action to the courtroom by
suing their own governments
and some of the world's biggest oil and energy companies over failing
to protect against the risks and consequences of climate change.
According to a
survey by the United Nations Environment Program and Columbia Law School,
climate change lawsuits are on the increase — with nearly 900 cases in
24 countries as of March last year — and courts will play a greater role
to in the fight against global warming over the year to come.
Here
are four high-profile climate lawsuits to watch in 2018 — each is
likely to make waves by setting a possible legal precedent in pressuring
governments and companies to take responsibility over climate change.
Citizens vs. the government of the Netherlands
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Plaintiffs wait for the verdict in Netherlands climate lawsuit |
It started with a
precedent-setting climate lawsuit
in the summer of 2015, when 900 Dutch citizens, represented by the
Urgenda Foundation, took their government to court to cut greenhouse gas
emissions nationwide.
This was the first time a group of citizens sued their own government over climate change action — and won.
The
lawsuit resulted in a Dutch court ordering the government to cut
greenhouse gas emissions nationwide by at least 25 percent by the year
of 2020 (compared to 1990 levels), forcing it to take more measures
against climate change.
AUDIO
"The state must do more to avert the imminent danger caused by
climate change, also in view of its duty of care to protect and improve
the living environment,"
the verdict read.
The
landmark ruling is the first case in which regular citizens have
managed to hold their government accountable for taking insufficient
action to fight global warming. It is also the only case in the world
thus far to define a government's obligation to control climate change.
While the Dutch government has taken concrete steps, such as
announcing a coal exit, it is also appealing the verdict, and a first hearing is scheduled for May 2018.
The
Dutch landmark case laid the foundations for similar lawsuits around
the world, for instance by a group of Belgian artists, filmmakers and
rock stars, who are suing the Belgian government to increase its climate
change game, and make deeper greenhouse gas emission cuts.
Youth vs. the government of the United States
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Scientist James Hansen (right) with his granddaughter, who is among US youth suing their government over climate change |
Another lawsuit inspired by the Dutch court case was started by a
group of American youths, who are suing the US government for failing to
curb climate change.
The 21 plaintiffs, who are between 10 and 21 years old, and come from all over the US,
filed the climate change lawsuit together with their attorneys and climate scientist James Hansen in 2015.
All
the kids and teenagers in the plaintiff group have been personally
impacted by climate change. Some of them live on farms being affected by
drought, while others have lost their homes due to floods, or face
health issues due to forest fires.
AUDIO
In the unprecedented lawsuit, entitled "Juliana vs. US," the youth
accuse the federal government of violating the younger
generations' constitutional rights to life and liberty by failing to
take action against global warming. They argue that the government is
failing to protect essential public trust resources like air and water,
which are vital to survival.
"Our role as plaintiffs is to show
them the personal harm climate change is causing. We represent the
children — not just of this nation, but of the entire
world," 20-year-old student Tia Hatton told DW.
"We are all very
worried about our future, health and safety from the climate change
impacts that we're seeing already, and that will worsen as time goes
on," said the plaintiff in the lawsuit.
An
initial ruling in
an Oregon district court upheld their main argument that "the
government has known for more than 50 years that the carbon dioxide
produced by burning fossil fuels was destabilizing the climate system in
a way that would significantly endanger plaintiffs, with the damage
persisting for millennia."
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Wildfire is among the impacts of climate change more strongly felt in recent years in the US |
Yet, the court case argues, the government has failed to take action,
making it responsible for some of the harm caused by climate change.
Since
then, the landmark court case has been the target of strong opposition
from lobby groups, the fossil fuel industry, and the US government,
which sought for the case to be thrown out.
The US government has
even asked a federal appeals court to block the lawsuit, claiming it
could lead "to a constitutional crisis."
But motions for appeal were denied and the lawsuit was
ruled valid by US District Judge Ann Aiken.
She
wrote in her ruling: "This lawsuit may be groundbreaking, but the fact
does not alter the legal standards governing the motions to dismiss.
[...] Federal courts too often have been cautious and overly deferential
in the arena of environment law, and the world has suffered for it."
The case will now officially go to trial in February 2018.
Peruvian farmer vs. German energy company RWE
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Peruvian farmer Saúl Lliuya ia taking on German energy company RWE over greenhouse gas emissions |
Not just governments are facing legal challenges over climate — also a Peruvian farmer and mountain guide is
suing German energy firm RWE.
He
is claiming that the company's contribution to climate change is
threatening his home, and is asking RWE to take on financial
responsibility for the damage.
Saúl Lliuya from Huaraz, a city
located in the Andean Mountains in western Peru, says his family and a
large part of the city are facing catastrophic flooding as global
warming melts a nearby glacier.
RWE's coal power emissions
contribute to around 0.5 percent of global climate change, so the
company should have to pay around half a percent of the measures
required for protecting Lliyua's home and the area, says the plaintiff,
who is being supported by environmental organization Germanwatch.
AUDIO
The farmer is asking for €17,000 ($20,000) from RWE, which would go
toward funding flood defenses he plans to install for his community, as
well as a further €6,384 in reimbursement for money he's already spent
out of his own pocket on protective measures.
RWE says the case
has no legal basis, and that the alleged danger of flooding has
never been sufficiently demonstrated. The company further argues that
emitting CO2 is not illegal, as RWE has authorization under carbon
emissions trading laws.
Plus, RWE says climate change is a
global problem that has to be solved on a state and international level,
meaning individual companies should not be held responsible.
But a German court decided that Lliuya's allegations
had merit and ruled to proceed with the case, which is due to hear evidence in 2018.
It
is the first time a German civil court has been asked to rule on
whether a company can be held financially responsible for its
contribution to the effects of climate change in other parts of the
world.
ExxonMobil vs. US state attorneys
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Oil multinational ExxonMobil is accused of covering up research over climate change for decades |
In the US, a similar case is coming to a head this year: the first-ever
US legal action aimed at holding the oil giant ExxonMobil accountable for its climate change coverup.
The
American multinational oil gas corporation is being sued over failing
to safeguard Massachusetts communities against pollution relating to
climate change impacts, and lying to the public about the risks of
climate change.
The suit was started by a
group of state attorneys general,
led by New York's Eric Schneiderman, after it came to light that Exxon
executives had been aware of the climate risks associated with fossil
fuels as early as 1977, but launched a campaign to cover up those
findings.
According to the lawsuit, ExxonMobil endangered
communities by ignoring the threat posed by severe weather events and
rising sea levels to its Everett facility along the Mystic River in
Massachusetts — despite its long-held knowledge of the risks associated
with climate change.
ExxonMobil has denied the claims, and said in a statement it would fight the lawsuit in court. A verdict is expected in 2018.
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What went right for the environment in 2017?
Bye bye, diesel
Countries such as India, France and the United Kingdom have pledged to move away from gas and diesel cars in favor of less-polluting options, such as electric vehicles. Even China, the world's largest car market, is developing a plan to ban the production and sale of vehicles that rely purely on fossil fuels. 2018 could be an important year in the shift toward cleaner transportation.
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