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climate case doc
The petition was rejected by the National Green Tribunal on the basis that the matter was already covered under the environmental impact assessment
In March 2017, nine-year-old Ridhima Pandey filed a petition against the Indian Government in the National Green Tribunal.
The Court refrained from issuing an order against the Government, as the newly elected Government took up office in October 2017 and committed itself to a target of CO2-neutrality in 2050.
In November 2015, law student Sarah Thomson took the New Zealand Government to court. On 2 November 2017, the High Court in Wellington issued its ruling. The Court held that climate change presents significant global risks and that the Government is legally accountable for its actions to address climate change
In 2015, the Green Bench of the Lahore High Court upheld the claim, on the basis of the Government’s obligations to protect the constitutional rights to life and to dignity
Asghar Leghari, a Pakistani farmer, brought a climate change case against the Pakistani Government.
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In a ground-breaking decision, on 31 July 2020, the Irish Supreme Court upheld the historic legal challenge against the Irish Government, known as Climate Case Ireland.
Climate Case Ireland is the first case of its kind in Ireland and only the second case in the world in which the highest national court of law has required a government to revise its national climate policy in light of its legal obligations
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In November 2018, a Quebec-based environmental non-profit, Environnement JEUnesse, initiated the first stage of a class action lawsuit against the Canadian Government on behalf of all the citizens of Quebec under the age of 35
In October 2019, a group of 15 young people, represented by a coalition of NGOs, filed a claim against the Canadian Government on behalf of all children and young people in Canada and future generations.
In November 2019, seven young people supported by Ecojustice filed a lawsuit against the provincial Government of Ontario
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In 2018, 25 young people from ages 7-25 brought a lawsuit against the Colombian Government, several local governments, and a number of corporations.
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In May 2018, ten families, including children, filed a climate change case in the EU General Court against the EU Parliament and Council.
In May 2019, the European General Court dismissed the case because it did not meet the test for admissibility that has historically restricted the access of citizens to the EU courts. The claimants have filed an appeal with the European Court of Justice and its decision is pending.
In December 2018, four non-profit organisations – Fondation pour la Nature et l’Homme, Greenpeace France, Notre Affaire à Tous, and Oxfam France – began the process of filing a climate change claim against the French Government,
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In February 2020, nine young people between the ages of 15 and 32 filed a constitutional complaint with the German Federal Constitutional Court
On the facts of the case, however, the court could not find violations of fundamental rights. The plaintiffs decided not to appeal, but see the judgment as an important step in the recognition that governments have legal duties to take climate action.
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In September 2020, 15 youth plaintiffs between the age of 17 and 23 filed a lawsuit against the Mexican Government
In September 2020, the case was admitted,
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In December 2019, seven young people filed a complaint against the Peruvian Government. The claimants seek an order directing the Government to implement a net zero deforestation plan in the Peruvian Amazon by 2025
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In March 2020, 19 young people filed a lawsuit against the Government claiming that it has failed to protect their constitutional rights
The plaintiffs are members of the Korean Youth Climate Action Group which has led the ‘School Strike for Climate’ movement in Korea.
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In May 2017, a group of senior Swiss women (the Klimaseniorinnen) filed a legal complaint against the Swiss
In November 2018, the Federal Administrative Court dismissed the case, ruling that the plaintiffs are not particularly affected by the Government’s climate change mitigation measures beyond the impact on the general public. In January 2019, the plaintiffs appealed to the Supreme Court, which dismissed the case in May 2020
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In December 2017, climate charity Plan B and 11 members of the public, aged 9 to 79, filed a climate change case against the UK Secretary of State for Business, Energy and Industrial Strategy.
In July 2018, the High Court decided not to hold a full hearing of the case, finding that Plan B’s arguments had no prospect of success. Plan B and the 11 members of the public appealed to the Court of Appeal, which rejected the appeal in January 2019
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In 2015, 21 young people filed a lawsuit against the United States Government in the District Court of Oregon, supported by Our Children’s Trust, a non-profit organisation, the case, also known as Youth v. Trump
. In November 2016, the plaintiffs survived an attempt by the Government and the fossil fuel industry to have the case thrown out of court at an early stage. In a landmark opinion and order, the Federal District Court of Oregon held that “the right to a climate system capable of sustaining human life is fundamental to a free and ordered society,” and rejected the Government’s motions to dismiss the case.
In March 2020, the plaintiffs filed a petition for rehearing before the entire bench of the Court of Appeals
There are a number of other climate litigation cases pending against governments at the state level in the United States. For additional information, see Our Children’s Trust’s website.
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