Category: Fossil fuel extraction

Categories
2023 Business responsibility Domestic court Emissions reductions/mitigation Fossil fuel extraction Italy Paris Agreement Private and family life Right to health Right to life Right to property

Greenpeace Italy, ReCommon, et. al. v. ENI, Italian Ministry of Economy and Finance, et. al.

Summary:
Greenpeace Italy, together with ReCommon (an Italian association involved in questioning corporate and State power) and twelve Italian citizens from different regions of the country manifestly affected by climate change impacts, filed a lawsuit against ENI, a major oil & gas multinational company, and the Italian Ministry of Economy and Finance, which, also through Cassa Depositi e Prestiti S.p.A. (an important public financial institution), has a relevant influence on the corporation.

The applicants asked the Court to ascertain and declare that the defendants share liability for the moral and material damages they suffered to their health, life and properties due to climate change impacts, and for further endangering these same assets.
The claimants allege ENI contributed to climate change as its activities, either industrial, commercial or for transportation of energy products, caused greenhouse gas emissions far beyond the limits suggested by the scientific community, notwithstanding the temperature goals internationally recognized in the Paris Agreement, which implies emissions reductions both in the public and in the private sphere. The claimants argue that the Italian Ministry of Economy and Finance and Cassa Depositi e Prestiti S.p.A. (whose majority shareholder is the same Ministry), as shareholders of the oil&gas corporation, could have influenced its strategy concerning the ecological transition away from fossil fuels, but did not leverage their relevant influence in that direction.

The legal strategy is primarily based on Article 2043 of the Italian Civil Code, dedicated to liability for non-contractual damages and interpreted, according to previous case-law, as a tool for human rights protection. The applicants claimed a violation of their rights to life, health, and respect for private and family life, as enshrined in the Italian Constitution, in the European Convention on Human Rights, in the International Covenant on Civil and Political Rights, and that ENI shall respect according to the Guiding Principles on Business and Human Rights and the OECD Guidelines for multinational enterprises.
The claimants drew on attribution science to argue for the existence of a causal link, and recalled the reasoning of the Dutch courts in the Urgenda case, according to which even a quantitatively relatively low level of greenhouse emissions on the global scale contributes to climate change, meaning that there is a sufficient causal link between those emissions and their present and future adverse effects. In addition, the applicants rely subsidiarily on Article 2050 of the Italian Civil Code, dedicated to liability for dangerous activities, that implies a reversed burden of proof: the defendant shall prove that every measure was taken to prevent the damaging event.

Concerning remedies, the claimants did not ask the Court to quantify the damages. Recalling the case against Royal Dutch Shell (Milieudefensie), they asked the Court to order ENI to reduce its greenhouse emissions by 45% in 2030 compared to 2020 and to align to the 1.5°C temperature goal. They also asked the Court to impose a monetary sanction in case the order is not fulfilled. The applicants also asked the Court to order the Italian Ministry of Economy and Finance and Cassa Depositi e Prestiti S.p.A. to adopt a policy defining climate goals to foster as relevant shareholder of the corporation.

This is not the first instance of rights-based climate litigation in Italy: you can read about the previously filed lawsuit against the Italian State here in the Database.

Date of filing:
9 May 2023

Jurisdiction:
Civil Court of Rome

Documents:

More information:
More information on Greenpeace Italy and ReCommon dedicated web pages.

Last updated:
15 May 2023

Categories
2021 Children and young people Domestic court Emissions reductions/mitigation Fossil fuel extraction Imminent risk Indigenous peoples' rights Non-discrimination Right to life Right to property Sea-level rise United States of America

Aji P. and Others v. the State of Washington

Summary:
This case was brought by 13 young people aged between 8 and 18 who sued the US State of Washington, its Governor, and various other state agencies, arguing that the state had “injured and continue[d] to injure them by creating, operating, and maintaining a fossil fuel-based energy and transportation system that [the State] knew would result in greenhouse gas (“GHG”) emissions, dangerous climate change, and resulting widespread harm.” In doing so, they invoked their “fundamental and inalienable constitutional rights to life, liberty, property, equal protection, and a healthful and pleasant environment, which includes a stable climate system that sustains human life and liberty.” They also invoked the impacts on indigenous peoples’ rights. The plaintiffs requested the judiciary to “[o]rder [the state] to develop and submit to the Court . . . an enforceable state climate recovery plan”.

A number of amici filed briefs in the case. For example, the Swinomish Indian Tribal Community, Quinault Indian Nation, and Suquamish Tribe argued that local tribes were already seeing impacts on their traditional lands and abutting marine waters. The Environmental Law Alliance Worldwide (ELAW-US) noted the well-documented impacts of climate change on human and constitutional rights. The League of Women Voters of Washington argued that access to judicial action was particularly important for minors who did not enjoy access to the right to vote. And a group of environmental NGOs submitted that “the right to a healthful and pleasant environment underlies our continued ability to claim our explicitly-guaranteed rights to life and liberty.”

On 8 February 2021, the Court of Appeals of the State of Washington held that it “firmly believe[d] that the right to a stable environment should be
fundamental.” It also recognized “the extreme harm that greenhouse gas emissions inflict on the environment and its future stability.” However, it held that “it would be a violation of the separation of powers doctrine for the court to resolve the Youths’ claims.” It accordingly dismissed the claim.

On 6 October 2021, the Supreme Court of the State of Washington denied the petition for review in this case. González, C.J. (dissenting) noted that the plaintiffs “asked this court to recognize a fundamental right to a healthful and pleasant environment that may be inconsistent with our State’s maintenance of a fossil-fuel-based energy and transportation system that it knows will result in greenhouse gas emissions. These greenhouse gases hasten a rise in the earth’s temperature. This temperature change
foreshadows the potential collapse of our environment. In its place is an unstable climate system, conceivably unable to sustain human life and continued enjoyment of ordered liberty under law. Today, we have an opportunity to consider whether these are the sorts of harms that are remediable under Washington’s law and constitution. We should have granted review to decide that question”.

Categories
Domestic court Emissions reductions/mitigation Fossil fuel extraction Guyana Right to a healthy environment

Thomas & De Freitas v. Guyana

Summary:
On 21 May 2021, two Guayanese citizens filed a case in the domestic courts of Guayana, alleging that their constitutional rights had been violated by Guyana’s approval of oil exploration licences to a joint venture involving ExxonMobil and other corporations. They invoked the government’s duty to protect their right to a healthy environment, as well as the right of future generations to the same.

The case documents are not yet available. However, the case has been reported widely. For more information, see:

Background information:
The Human Rights Committee had previously voiced concerns about the oil exploitation licenses granted by the Guayanese government. In its 2020 List of Issues, it asked the Government to provide information on “concerns that large scale oil extraction significantly increases greenhouse gas emissions, causes ocean acidification and
rising sea-levels, and adversely affects the most vulnerable groups in the State party, including the Amerindian and fishery-dependent communities and individuals living in poverty’.

Categories
2021 Access to a remedy Elderly Emissions reductions/mitigation European Convention on Human Rights European Court of Human Rights Fossil fuel extraction Norway Private and family life Prohibition of torture Right to life

The Norwegian Grandparents’ Climate Campaign and Others v. Norway

Summary:
This case was filed on 26 March 2021 by The Norwegian Grandparents’ Climate Campaign (or Besteforeldrenes klimaaksjon, see the NGO’s website here, which counted 5600 members at the time and aims to counter anthropogenic climate change) along with four individuals, who were then aged 29, 32, 80, and 9 months. According to the Court’s press release, the case relates to the same domestic proceedings as the subject of Greenpeace Nordic and Others v. Norway (no. 34068/21). Before the Court, the applicants invoke Articles 2, 3, 8, 13 and 14 ECHR and Article 1 of Protocol No. 1 to the Convention (the right to life, the prohibition of torture and inhuman and degrading treatment, the right to respect for private and family life, the right to an effective remedy, the prohibition of discrimination and the right to property). They rights, they argue, have been infringed by the Norwegian authorities’ petroleum activities in the Barents Sea in the Arctic Ocean. They describe, in particular, the disastrous effects of rising temperature levels on Norway, invoking the prevention and precautionary principles, inter-generational equity and Norway’s duty of care.

The applicants argue that there is a “real and imminent threat” facing them as Norwegian oil production contributes to the reaching of tipping points in the global climate system. On the Court’s victim status requirements (standing), they argue that these criteria must be interpreted in harmony with the priniciple of inter-generational equity, and invoke both the Rio Declaration and the Paris Agreement to argue that current generations have a duty to act as stewards of the planet for future generations.

This case has not yet been communicated by the Court at the time of writing. It had been announced, however, that the case has been adjourned pending the outcome of Grand Chamber proceedings in three other climate cases (i.e. KlimaSeniorinnen, Duarte Agostinho, and Carême; see “Status of case” below). More information on the case will be published as it becomes available.

Date filed:
26 March 2021

Status of case:
Adjourned until the Grand Chamber has ruled in the climate change cases pending before it (see the ECtHR’s press release here).

Suggested case citation:
ECtHR, The Norwegian Grandparents’ Climate Campaign and Others v. Norway, application no. 19026/21, filed on 26 March 2021 (not yet communicated).

More information:
For the NGO’s press release on the application (in Norwegian), click here.

For further information on the domestic proceedings, see Greenpeace Nordic and Others v. Norway (no. 34068/21).

For the full standardized application form submitted to the ECtHR, see here.

Last updated:
16 March 2023.

Categories
2020 Canada Domestic court Emissions reductions/mitigation Fossil fuel extraction Non-discrimination Right to life Standing/admissibility

Cecilia La Rose v Her Majesty the Queen

Facts of the case:

Plaintiffs comprising of 15 children and youths from various parts of Canada sued the Government and Attorney General of Canada alleging violations of the right to life and right to equality under Sections 7 and 15 of the Canadian Charter of Rights and Freedoms, and the constitutional and common law duty to protect the integrity of common natural resources in public trust. According to the plaintiffs, the impugned conduct of the respondents consisted in: continuing to cause, contribute to and allow a level of greenhouse gas (GHG) emissions incompatible with a Stable Climate System (defined as a climate capable of sustaining human life and liberties); adopting GHG emission targets that are inconsistent with the best available science about what is necessary to avoid dangerous climate change and restore a Stable Climate System; failing to meet the Defendants’ own GHG emission targets; and actively participating in and supporting the development, expansion and operation of industries and activities involving fossil fuels that emit a level of GHGs incompatible with a Stable Climate System.

The defendants, while accepting the plaintiffs’ concerns about the seriousness of climate change and its potential impacts, filed a motion to strike their claim alleging that their claim is not justiciable.

Date of decision:

27 October 2020

Admissibility:

On 27 October 2020 the Federal Court in Ottawa granted the defendants’ motion. The Court answered the question of justiciability of the claims of Charter violations for the reason that the impugned conduct is of undue breadth and diffuse nature, and that the remedies sought by the plaintiffs were inappropriate. The Court also found that it had no constitutional obligation to intervene on the matter as there is room for disagreement between reasonable people on how climate change should be addressed. On the issue of justiciability of the public trust doctrine invoked by the plaintiffs, the Court found that the question of existence of the doctrine is a legal question which courts can resolve. However, the Court found that the plaintiffs’ claim did not disclose a reasonable prospect of success for the purposes of its admissibility.

Merits:

NA

Status of the case:

The plaintiffs have appealed against the Federal Court’s order before the Federal Court of Appeal.

Suggested case citation:

Federal Court of Ottawa, Cecilia La Rose v Her Majesty the Queen, T-1750-19, judgment of 27 October 2020, 2020 FC 1008

Case documents:

For the complaint filed by the plaintiffs on 25 October 2019, click here.

For the Government’s statement of defence notified on 7 February 2020, click here.

For the plaintiff’s reply to the Government’s motion to strike, filed on 31 August 2020, click here.

For the Federal Court of Ottawa’s order dated 27 October 2020, click here.

For the Memorandum of Appeal filed by the plaintiffs on 5 March 2021, click here.

Further reading:

Camille Cameron, Riley Weyman, ‘Recent Youth-Led and Rights-Based Climate Change Litigation in Canada: Reconciling Justiciability, Charter Claims and Procedural Choices,’ 34(1) Journal of Environmental Law (2021), Pages 195–207. Available here.