In June 2021, the NGO ClientEarth announced that it was supporting five Polish citizens in bringing actions against the Polish government, contesting reliance on coal and the failure to take action to reduce carbon emissions. The claimants are arguing that they have a right to live in a healthy environment, and that this right is under threat due to the Polish government’s inaction when it comes to reducing emissions. They submit that they have suffered the effects of droughts, wildfires, flooding and crop failures on their lives and property due to climate change, and that these effects will continue to worsen.
ClientEarth is representing the claimants under Polish civil law that permits individuals to delegate environmental litigation to NGOs. Their cases are based on Polish personal rights (or “personal goods”) under the Polish Civil Code, including the rights to life, health and property, and Articles 2 and 8 ECHR (the rights to life and to private and family life, respectively).
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For more information on the case, click here.
To read the legal briefing provided by Client Earth, click here.