"A Year of Legal Milestones: Climate Accountability in 2023"
"A Year of Legal Milestones: Climate Accountability in 2023"
The year 2023 marked a pivotal moment for climate accountability as courts worldwide became crucial venues for addressing climate inaction and denial. With nearly 2,500 climate lawsuits globally, the legal landscape played a key role in advancing climate justice and accountability.
Major Court Victories:
United States: In a groundbreaking ruling, the First Judicial District Court of Montana found the state's support for fossil fuel development unconstitutional in Held v. State of Montana. The case, brought by 16 children and teens in 2020, set a precedent by being the first constitutional climate case in the U.S. to reach trial. The court's decision underscored the importance of climate science in legal proceedings and could influence future cases.
Europe: As COP28 began in Dubai, an appeals court in Belgium ordered the government to reduce carbon emissions by at least 55% by 2030. This marked the second instance of a court imposing a binding emissions reduction target on a country, following the historic 2015 Urgenda ruling in the Netherlands. Climate litigation in Norway challenged the government's approval of new North Sea oil fields, aligning with the global movement against expanding fossil fuels.
Human Rights and Accountability Cases Advance:
United States: Climate accountability lawsuits in the U.S. targeting oil and gas companies for deception and disinformation made strides in 2023. The Hawaii Supreme Court upheld the trial court's denial of motions to dismiss in City and County of Honolulu v. Sunoco LP et al. Several climate liability suits by states and municipalities moved ahead in state courts, signaling progress in holding the fossil fuel industry accountable.
Europe: The European Court of Human Rights held its first-ever hearings in climate cases challenging governments' inadequate responses. Cases such as KlimaSeniorinnen v. Switzerland and Carême v. France sought to align climate policies with scientific demands to safeguard human rights. In the UK, a lawsuit against Shell's board of directors, though dismissed, hinted at potential future climate litigation against corporate boards.
New Climate Cases:
United States: Multnomah County, Oregon, sued oil and gas companies for damages related to the deadly 2021 heat dome, signaling a shift in targeting corporations for climate-related harms. California filed a climate lawsuit against major oil and gas companies, seeking monetary damages for climate-related costs. Our Children’s Trust launched a new lawsuit against the Biden administration on behalf of California youth.
Europe: In Italy, climate campaigners and citizens sued Eni for deception and greenwashing, demanding emissions reduction by at least 45% by 2030. The case drew parallels with the 2021 Milieudefensie case against Shell in the Netherlands. Eni's case revealed evidence suggesting the company was aware of climate consequences since the 1970s.
Legal Threats to Activists: Oil majors initiated lawsuits against climate campaigners, including Shell's lawsuit against Greenpeace UK and Greenpeace International. Eni announced potential plans to countersue Greenpeace Italy and ReCommon on defamation grounds.
Looking Ahead to 2024: Expect more climate lawsuits in 2024, with Our Children’s Trust planning a new youth climate lawsuit against the state government of Alaska. European Court of Human Rights decisions and hearings in ongoing cases, such as Luciano Lliuya v. RWE in Germany, will shape the legal landscape. Further hearings in the Torres Strait Islanders' case against Australia are scheduled, with a ruling expected later in the year.
The legal developments in 2023 underscore the growing role of courts in addressing climate accountability and the increasing scrutiny faced by major industries for their contributions to climate change.
Frequently Asked Questions (FAQ):
What is the main focus of the article?
- The article focuses on the significant legal developments in climate accountability in 2023, including landmark court rulings, advances in climate liability cases, and new lawsuits against governments and major oil and gas companies.
What are some of the major court victories mentioned in the article?
- The article mentions the groundbreaking ruling in Held v. State of Montana, where the court found the state's support for fossil fuel development unconstitutional. In Belgium, an appeals court ordered the government to reduce carbon emissions by 55% by 2030.
How is climate accountability advancing in the United States?
- Climate accountability lawsuits against major oil and gas companies in the U.S. made significant advances in 2023. The Hawaii Supreme Court upheld the trial court's denial of motions to dismiss in the City and County of Honolulu v. Sunoco LP et al. case. Climate liability suits by municipalities and states are also moving forward in state courts.
What are some new climate cases mentioned in the article?
- New climate cases include Multnomah County, Oregon's lawsuit against oil and gas companies for damages related to the 2021 heat dome. In California, the state filed a climate lawsuit against five oil and gas majors, seeking monetary damages for climate-related costs. Our Children’s Trust launched a new lawsuit against the Biden administration on behalf of California youth.
How are climate activists facing legal threats, according to the article?
- The article mentions lawsuits brought by oil majors against climate campaigners. Shell brought a lawsuit against Greenpeace UK and Greenpeace International, demanding a permanent cessation of protests or potential damages. Eni also announced plans to countersue Greenpeace Italy and ReCommon on defamation grounds.
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