Category: Fossil fuel extraction

Categories
Business responsibility / corporate cases Class action Domestic court Emissions reductions/mitigation European Convention on Human Rights Fossil fuel extraction Imminent risk Paris Agreement Private and family life Right to life The Netherlands

Milieudefensie et al. v. Shell Plc (No. 2)

Summary:
On 21 April 2026, the Dutch NGO Milieudefensie delivered summons to oil and gas giant Shell Plc, in its second collective legal action against the company following the first Milieudefensie case (decided on appeal in 2024). This second case, under Section 3:305a of the Dutch Civil Code (DCC), is brought on behalf of current and future generations of Dutch citizens after the corporate actor moved its seat from the Netherlands to the United Kingdom. Milieudefensie summoned Shell to appear at a hearing to be held at the District Court of Amsterdam on 29 July 2026.

In its 273-page summons, Milieudefensie covers issues of jurisdiction, the requirements for a collective suit under Section 3:305a DCC, the scientific evidence underpinning its case, the risk of reaching climate tipping points for Europe and for the Netherlands, international climate policy and the global 1.5-degree temperature target, the important role played by non-state actors and their corporate responsibilities to respect human rights, the inhibiting influence of the oil and gas industry, including Shell, on infrastructural carbon lock-ins, including through its historical undermining of climate science and strategies to delay climate action, as well as its lobbying against the EU’s Corporate Sustainability Due Diligence Directive (CSDDD or CS3D) of 13 June 2024.

Milieudefensie sets out the framework for assessing Shell’s responsibility under Sections 3:296 and 6:162 DCC, fleshing this out by invoking the societal duty of care under domestic law, as well as the doctrine of hazardous negligence, human rights law (particularly Articles 2 and 8 ECHR, the rights to life and respect for private and family life), international customary law, international soft law, and legal principles including the precautionary principle, the climate law principle of Common but Differentiated Responsibilities (CBDR), and the principle of intergenerational justice. In particular, the summons argues that

“[s]ince the Urgenda judgment, it has been widely recognised in court judgments that dangerous climate change leads to human rights violations. Not only the ECHR, but also the IACtHR and the ICJ have recently found this. Numerous (supreme) national courts have independently reached the same conclusion. Within Europe, for example, reference can be made to the case law of the [German] Bundesverfassungsgericht and the Court of Appeal in Brussels. Outside Europe, the situation is no different. For example, the Lahore High Court in Pakistan, the Supreme Court of Colombia, the Brazilian Federal Supreme Court, the District Court of Montana (United States) and the Supreme Court of India have all ruled that human rights can be relied on in order to be protected against the effects of climate change. In view of the above, there can be no misunderstanding that human rights (indirectly) have a horizontal effect when the unwritten duty-of-care standard is fleshed out. Nor can there be any debate about the fact that dangerous climate change leads to human rights violations and that human rights can be relied on for protection against dangerous climate change. The only question that remains is what assessment framework needs to be applied here. “

Milieudefensie argues that Shell bears a share of the responsibility to prevent dangerous climate change, discussing its level of knowledge and the foreseeability of harm by arguing that Shell has long known about the fact that fossil fuels cause climate change, with serious consequences for people and the environment, has known that it is making a substantial contribution to climate change and that it needs to take (precautionary) measures. It sets out Shell’s two-pillared obligations: first, a reduction obligation for Scope 1, 2 and 3 CO2 emissions, and second, an obligation not to develop new oil and gas fields.

Concerning the first pillar of obligations, Milieudefensie argues that “Shell must make an equitable contribution (a “fair share”) to preventing dangerous climate change and limiting global warming to 1.5°C by reducing its emissions.” In doing so, it invokes UN reports to argue that:

  • companies must demonstrate maximum ambition to achieve (net) zero CO2 emissions as quickly as possible, but by 2050 at the latest;
  • companies must set ambitious and credible interim targets for the short and medium term on the road to the above-mentioned goal of net zero CO2 emissions that represent a fair share of the global reduction target; and
  • the (interim) targets should cover all Scope 1, 2 and 3 emissions and should aim for absolute CO2 emission reductions.  

    It also submits that “Shell can be considered to be an influential Western company in several respects; it has both substantial emissions and large transition capabilities and a large historical responsibility. These are all relevant circumstances under the above-mentioned climate protocols (as evidenced by e.g. the reference to the CBDR principle and the need to take on a fair share of the global target) for asking Shell to take on an above-average responsibility and requiring it to reduce its emissions faster than the global average.”

    As concerns the second pillar of obligations, Milieudefensie argues that Shell’s obligation not to pursue new fossil fuel projects is “based on the doctrine of hazardous negligence, human rights law, the legal principles discussed, soft law and other objective points of reference, is that Shell must cease the development and production of new oil and gas fields. After all, the carbon budget with a 50% probability of 1.5°C is already exceeded with the operation of the existing fossil-fuel infrastructure alone, and new oil and gas fields are therefore incompatible with the goal of limiting global warming to 1.5°C by the end of this century. “

    Milieudefensie concludes that Shell is breaching its societal duty of care under domestic law, and seeks the following provisionally enforceable remedies:

    • Emissions reductions, covering annual Scope 1, 2 and 3 emissions, as per the table below;
    • A prohibition of achieving these reductions through divestment, i.e. through transfer of shares or assets;
    • To prohibit Shell from making use of carbon credits for the purpose of achieving the emission reductions described;
    • To order Shell to achieve that the Shell Group ceases, continues to cease and does not start the production of new oil and gas from fields.

    More information:
    The full text of the summons (translated into English by Milieudefensie) is available below. For more information on the case, see here.

    Summons Milieudefensie v. Shell (No. 2)Download

    Suggested citation:
    District Court of Amsterdam, Milieudefensie et al. v. Shell Plc (No. 2), summons issued 21 April 2026.

    Categories
    2026 Children and young people Domestic court Emissions reductions/mitigation Fossil fuel extraction Indigenous peoples rights Indigenous peoples' rights Public trust doctrine Right to a healthy environment Right to culture Right to life Separation of powers United States of America

    Kaarina Dunn et al. v. Public Service Comission of Wisconsin, et al.

    Summary:
    On 23 April 2026, a court in the US state of Wisconsin ruled in a youth climate case against the Wisconsin Public Service Commission and the Wisconsin State legislature. The case was filed by fifteen young people ranging in age from 8-17. The youth plaintiffs had challenged the constitutionality of statues governing the approval of fossil fuel-fired power plants because those statutes limit the ability of the first respondent, the Public Service Commission of Wisconsin, to consider air quality impacts of when issuing permits for such plants. In doing so, they had invoked their rights, under the Wisconsin state constitution, to liberty and to life, as well as the rights to a stable climate system and to access, enjoy and use navigable waters (both of which they considered inherent within the constitution). They also alleged a violation of Wisconsin’s public trust doctrine.

    According to the Plaintiffs, climate change has rendered them unable to enjoy Wisconsin’s natural resources, like its rivers and lakes, as well as prevented them from engaging in recreational activities, like swimming and skiing. Some are deprived of their Indigenous cultural traditions, while others have experienced asthma and contracted Lyme disease.

    The judge tasked with resolving this case, Judge Julie Genovese, ruled that “[w]hile the court is sympathetic to the youths and admires their willingness to access the courts in their quest to protect the planet, I conclude that the case must be dismissed because environmental policy is a nonjusticiable political question”. The judge discussed Wisconsin’s political question doctrine, which “dictates that courts will not decide questions that require the court to determine what the best or wisest public policy would be”, and “also embodies a practical component, recognizing that matters of economic and social policy are not reasonably “susceptible to judicial management or resolution.””

    The judge concluded that:

    “by substituting this court’s judgment for the legislature, the court
    would be showing a lack of respect for the legislative and executive branches. Plaintiffs do not like these policy decisions. (…) Because Plaintiffs think it is technologically and economically feasible for Wisconsin to be carbon free by 2050, they conclude that by invalidating the statutes and thus their limitations, the PSC will decide to stop approving fossil fuel-fired plants, and Plaintiffs’ carbon free goal will be achieved. While the court may agree with Plaintiffs’ policy preferences, it would show a blatant lack of respect for our elected officials and the agency defendants to substitute my judgment for theirs, and strike the limitations imposed by the legislature and executed by the PSC. Accordingly, because the court concludes that the legislature’s policy decisions represent a nonjusticiable political question, this case must be dismissed.”

    Full text of the judgment:
    The full text of the judgment is available for download below.

    Decision Wisconsin 2026Download

    Submission on behalf of the state:
    The submission made on behalf of the state government can be downloaded below.

    Filing Legislature’s attorney Ryan WalshDownload
    Categories
    Belgium Business responsibility / corporate cases Domestic court Farming Fossil fuel extraction Private and family life Right to life

    Falys et al. v. TotalEnergies (‘The Farmer Case’)

    Summary:

    In March 2024, Hugues Falys, a farmer located in Belgium, filed a legal action at the Commercial Court of Tournai (Belgium) against TotalEnergies. He was joined by Ligue des Droits Humains, Greenpeace Belgium and FIAN Belgium.

    The objective of the legal action is to claim compensation for damages suffered by Falys as a result of climate breakdown, and to force TotalEnergies to move away from fossil fuels. The civil liability action is based on articles 1382 and 1383 of the former Belgian Civil Code. In their submissions to the court, the plaintiffs have put forward human rights arguments as one line of interpretation of the relevant provisions, inter alia referring the ECtHR’s judgment in Klimaseniorinnen multiple times.

    Relevant developments:

    On March 18, the Commercial Court of Tournai found the action to be admissible, thereby recognising that carbon majors can be held accountable in Belgium for causing climate change even if their headquarters is in another state. With regards to the merits of the case, the Court postponed its judgment to 9 September 2026 to await the decision in a similar case against TotalEnergies in France.

    See also:

    Notre Affaire à Tous and Others v. Total.

    Verein KlimaSeniorinnen et al. v. Switzerland.

    Links:

    For the main conclusions of the plaintiffs (in French), see here.

    For an unofficial translation of the main conclusions of the plaintiffs (in English), see here.

    For the Court’s admissibility judgment of 18 March 2026 (in French), see here.

    Last updated:

    20 March 2026.

    Categories
    Domestic court Fossil fuel extraction Norway Paris Agreement

    Greenpeace Nordic and Finnish Association for Nature Conservation v. Finland

    Summary:
    On 18 February 2026, a climate case was filed against the government of Finland challenging its 2025 climate action plan in light of alleged failures to present an adequate emissions reductions pathway in line with its 2035 net neutrality target. The plaintiffs, NGOs Greenpeace Finland and Finnish Association for Nature Conservation, sought judicial review by the Finnish Supreme Administrative Court of the government’s plans for implementing climate targets under the 2022 Climate Act. These plans are detailed in the Government Report on the National Energy and Climate Strategy and Medium-Term Climate Plan, both of which were issued in December 2025. The plaintiffs argue that the measures envisaged by the government are insufficient to achieve the targets set out in the Climate Act, and alternative pathways towards the achievement of the targets have not been assessed, and thus the government is in breach of its statutory duty.    

    Invoking the Verein KlimaSeniorinnen & Others v. Switzerland judgment by the European Court of Human Rights, as well as the climate advisory opinion of the International Court of Justice, the plaintiffs allege that the shortcomings of the plan are unlawful, do not take into account the best available science and rely excessively on technological methods of removing greenhouse gases from the atmosphere, without adequately protecting carbon sinks. The current climate plan was published in December 2025, and is required under the Finnish Climate Act to present different options for how emissions and carbon sinks will develop over the next 30 years, as well as sector-specific measures.

    The plaintiffs have approached the highest administrative court in Finland directly (rather than via the appellate route), arguing that the impugned government decisions implicate civil rights and obligations as interpreted by the European Court of Human Rights in the Verein KlimaSeniorinnen & Others v. Switzerland judgment.

    Further information:
    A press release on the case is available here; the present summary will be updated once more information becomes available.

    Suggested citation:
    Finnish Supreme Administrative Court, Greenpeace Nordic and Finnish Association for Nature Conservation v. Finland, case filed on 18 February 2026 (pending).

    Last updated:
    13 March 2026.

    Categories
    Access to a remedy Children and young people Children's rights/best interests Emissions reductions/mitigation Fair trial Fossil fuel extraction Human dignity Imminent risk Inter-American Human Rights System Non-discrimination Private and family life Public trust doctrine Right to a healthy environment Right to culture Right to health Right to life Right to property United States of America

    Our Children’s Trust with 15 Juliana Plaintiffs v. The United States of America

    Summary:
    On 23 September 2025, the NGO Our Children’s Trust announced that it had filed a petition before the Inter-American Commission on Human Rights alleging climate-related violations of human rights by the government of the United States of America on behalf of a group of youth. This petition follows the advisory opinion of the Inter-American Court of Human Rights on climate change, which was issued on 29 May 2025, as well as drawing on the climate advisory opinion of the International Court of Justice. The petitioners were formerly plaintiffs in the Juliana proceedings brought before US domestic courts on the basis of the public trust doctrine, among others.

    Before the Inter-American Commission, the petitioners allege that the United States has known for decades that CO2 emissions cause climate change and that a transition away from fossil fuels is needed to protect human rights. They argue that, as the world’s largest emitter, the United States has played a leading role in causing climate change, and that its greenhouse gas emissions — and the resulting climate change — violate the human rights of children and youth, who are disproportionately impacted by its effects.

    They claim before the Commission that the United States has failed to comply with its international obligations to guarantee the petitioners’ human rights, that it has a duty to prevent harm to the global climate system to guarantee those rights, that it brached its obligation to act with due diligence ot guarantee their rights and prevent harm to the climate system, that if violated its obligation to mitigate greenhouse gas emissions,a form of pollution, and that the United States’s deliberate emissions of greenhouse gasses violate the substantive rights of the petitioners as per the American Declaration, including the rights to life and health, the particular protections for children, equality and non-discrimination, the rights to home, property and private and family life, the right to culture, the right to dignity, and the right to a healthy climate.

    They also invoke their procedural rights, namely the rights to access to justice and an effective remedy, alleging that the United States Department of Justice has deployed “extraordinary tactics” to silence the petitioners, and that the domestic courts failed to consider the merits of their claims.

    In their request for relief, the petitioners inter alia request the Commission to:

    • order precautionary measures to prevent further irreparable harm;
    • join the admissibility and merits of the petition, in accordance with Article 37(4) of the Commission’s Rules of Procedure, given the serious and urgent nature of the case and the ongoing violations of Petitioners’ fundamental rights;
    • conduct an on-site country visit, including a visit with the Petitioners, and hold fact-finding hearings;
    • establish violations of Articles I (life), II (equality), V (private and family life), VI (family), VII (special protections for children), IX (inviolability of the home), XI (health), XIII (cultural life), XVIII (access to justice and effective remedies), XXIII (property), and XXIV (prompt and effective remedy) of the American Declaration and the rights to dignity (Preamble) and to a healthy climate; and
    • issue a country report with recommendations to the United States to remedy confirmed violations of international law, taking into account the clarifications of existing law set forth by the IACtHR and the ICJ in their in Advisory Opinions on the Climate Emergency and Human Rights and the Obligations of States in Respect of Climate Change.

    Full text of the petition:

    The full text of the petition can be found below.

    _2025.09.23+Juliana-IACHR+PetitionDownload

    Suggested citation:

    Inter-American Commission on Human Rights, Our Children’s Trust with 15 Juliana Plaintiffs v. The United States of America, petition filed on 23 September 2025.

    Categories
    Children and young people Children's rights/best interests Domestic court Emissions reductions/mitigation Fossil fuel extraction Renewable energy Right to life Separation of powers United States of America

    Lighthiser v. Trump

    Summary:  
    On 29 May 2025, a case was filed on behalf of 22 youth plaintiffs from five US states (Montana, Oregon, Hawai‘i, California, and Florida) before the US District Court in the District of Montana with the support of the NGO Our Children’s Trust and others. The plaintiffs in this case contested a series of climate-related executive orders issued by the Trump administration, arguing that these measures threaten their constitutional rights to life, health, and safety. This includes executive orders aimed at “unleashing” fossil fuels, anti-clean energy measures and those removing climate science-related information from federal websites.

    The case has been brought against US President Donald Trump as well as various government agencies and offices including the Environmental Protection Agency (EPA), the Department of the Interior (DOI), the Department of Energy (DOE), the Department of Transportation (DOT), the US Army Corps of Engineers (USACE), the National Aeronautics and Space Administration (NASA), the Department of Commerce (DOC), the National Oceanic and Atmospheric Administration (NOAA), the National Science Foundation (NSF), the Department of Health and Human Services (HHS), the National Institutes of Health (NIH), and the United States of America itself.  

    Measures challenged:
    The lawsuit challenges three specific executive orders, as well as measures to delete climate science information from government websites. The contested executive orders are the following:

    • Executive Order 14154: “Unleashing American Energy” (which prioritizes oil, gas, and coal over renewable energy).  
    • Executive Order 14156: “Declaring a National Energy Emergency” (which directs federal agencies to invoke emergency powers to fast-track fossil fuel production).
    • Executive Order 14261: “Reinvigorating America’s Beautiful Clean Coal Industry” (designating coal as a “mineral” under federal policy, thereby granting it priority status for extraction and development on public lands). 

    Claims made:
    The youth plaintiffs argue that the Trump administration’s executive orders violate their constitutional right to life (under the fifth amendment to the US Constitution) by increasing climate pollution. They also argue that the measures are an act of executive overreach, or in other words an ultra vires act going beyond presidential powers, and that augmenting fossil fuel production, suppressing climate science, and blocking clean energy solutions is a violation of the ‘state-created danger doctrine’, which triggers a governmental duty to protect against government-induced harm.

    Suggested citation:
    US District Court of Montana, Lighthiser v. Trump, filed on 29 March 2025 (pending).

    Last updated:
    3 June 2026.

    Categories
    Children and young people Children's rights/best interests Domestic court Emissions reductions/mitigation Estonia Fossil fuel extraction Gender / women-led Paris Agreement Right to a healthy environment

    Fridays for Future Estonia vs. Environmental Board

    Summary:
    On 25 June 2024, Fridays for Future Estonia, a youth environmental movement, announced that it had filed two cases against the continued operation of a state-owned fossil fuel (shale oil) plant. The Estonian Environmental Board had granted a state-owned company, Enefit Power, a permit to operate until 2035. Fridays for Future Estonia filed two complaints to challenge the permit: one was brought by MTÜ Loodusvõlu, an NGO established in 2019 by Fridays for Future Estonia with the goal of managing the financial side of the movement, and the other by a young activist within the movement named Elo-Lee Maran.

    The case follows on a separate set of proceedings concerning a 2020 decision to award Enefit Power’s parent company 125 million Euros to construct a shale oil plant. MTÜ Loodusvõlu filed a lawsuit in the Tartu Administrative Court to revoke the construction permit, which was upheld in October 2023 by the Supreme Court, which annulled the construction permit. Two months later, the municipality of Narva-Jõesuu issued a new construction permit for the plant.

    According to Fridays for Future, Elo-Lee Maran’s case represents the first climate case brought by an individual in Estonia. The case argues that exacerbating climate change is a threat to human rights, including the rights of children under the UN Convention on the Rights of the Child. No only does the plant’s operation hinder the achievement of the targets set out in the Paris Agreement and the National Energy and Climate Plan. It also, so it is alleged, violates Elo-Lee Maran’s right to a healthy environment under domestic and international law. Depleting Estonia’s share of the ever-smaller carbon budget will require Estonia to limit people’s basic freedoms intensely in the future, which is not in the best interests of a child.

    The case will be heard by the Tallinn Administrative Court in December 2024.

    More information:
    For more information, see this overview from Fridays for Future.

    Last updated:
    29 November 2024

    Categories
    Children and young people Children's rights/best interests Domestic court Emissions reductions/mitigation European Convention on Human Rights Fossil fuel extraction Just transition litigation Norway Participation rights Private and family life Right to life

    Greenpeace Nordic and Nature & Youth v. Energy Ministry (North Sea Fields Case)

    Summary:
    This case originated in a challenge to a series of administrative decisions by the Norwegian government granting corporations leave to operate new petroleum (oil and gas) fields in the North Sea (in Breidablikk, Yggdrasil, and Tyrving). The challenge was brought by two NGOs, Greenpeace Nordic and Natural og Ungdom (Nature & Youth). The case was heard in civil court, and challenged the petroleum fields

    Claims made:
    The three petroleum fields in question were subject to impact assessments by the corporate licensees. However, these impact assessments did not include combustion emissions from the oil and gas produced. The contested issue in the case concerned whether there was a legal requirement to include combustion emissions in this impact assessment (as per Norwegian and EU law). It was not argued that the impact assessments contained deficiencies with regard to other matters. The plaintiffs argued that combustion emissions should have been subject to an impact assessment. The Ministry of Petroleum and Energy argued that it was sufficient that combustion emissions were assessed at a more general level by the Ministry, and that there is no requirement for this to be included in the specific impact assessments.

    Additionally, the plaintiffs argued that the administrative decisions breached the government’s positive obligations under Articles 2, 8 and 14 ECHR. They also also argued that the decisions were flawed because they did not have due regard for the best interests of the child, in breach of Section 104 of the Norwegian Constitution and Articles 3 and 12 of the UN Convention on the Rights of the Child. In addition, they argued that the decisions were based on an incorrect assessment of the facts.

    The plaintiffs applied for a temporary injunction.

    Ruling of the Oslo District Court:
    On 18 January 2024, the Oslo District Court found the approvals of all three oil and gas fields had been invalid and issued an injunction forbidding the state from granting any new permits concerning these fields. the Court held that the contested decisions were unlawful because they had failed to include combustion emissions in the impact assessments conducted in advance, in violation of domestic and EU law, and highlighted procedural problems in the approvals process, especially the lack of adequate public participation. However, anticipating a ruling from the Grand Chamber of the European Court of Human Rights in its then-pending climate cases — including three involving Norway, namely Duarte Agostinho, Greenpeace Nordic and the Norwegian Grandparents case –, the District Court refused to rule on the issue of compatibility with the European Convention on Human Rights. The Court also concluded that there was no legal obligation for children to be heard or for the best interests of the child to be investigated and assessed in connection with decisions to approve plans for the development and operation of petroleum activities. The decisions were therefore not in conflict with Section 104 of the Norwegian Constitution and Articles 3 and 12 of the UN Convention on the Rights of the Child.

    The government was ordered to compensate the plaintiffs for their legal costs.

    Proceedings at the Appeals Court in Oslo:
    On 16 May 2024, the Oslo Appeals Court split the case into two parts. The State’s appeal against the Oslo District Court’s ruling in the injunction case of 18 January 2024 was to be heard during the appeal hearing regarding the main case. However, the right to enforce the District Court’s temporary injunction was suspended to await the Court of Appeal’s ruling.

    Case documents (in Norwegian):
    The case documents are available via ClimateCaseChart.com.

    Suggested citation:
    Oslo District Court, Greenpeace Nordic and Nature & Youth v. Energy Ministry (The North Sea Fields Case), case no. 23-099330TVI-TOSL/05, 18 January 2024.

    Oslo Court of Appeals, Greenpeace Nordic and Nature & Youth v. Energy Ministry (The North Sea Fields Case), case no. LB-2024-36810-2, 16 May 2024.

    Last updated:
    29 November 2024.

    Categories
    Children and young people Children's rights/best interests Domestic court Emissions reductions/mitigation Fossil fuel extraction Private and family life Public trust doctrine Right to culture Right to health Right to life Sea-level rise United States of America Vulnerability

    Sagoonick et al. v. State of Alaska II

    Summary:
    On 22 May 2024, a group of young people supported by the NGO ‘Our Children’s Trust’ filed suit against the U.S. State of Alaska arguing that statutory requirements to develop and advance the Alaska Liquefied Natural Gas (LNG) Project violate their public trust rights as well as their rights to substantive due process, life, liberty and property, and the right to protected natural resources for “current and future generations” under the Alaskan Constitution. They argue that this project will cause “existential harms to the lives, health, safety, and cultural traditions and identities of Alaska’s youth, and substantially limit their access to the vital natural resources upon which they depend.”

    The case follows on an earlier case against Alaska, Sagoonick et al. v. Alaska I, which was rejected in 2022 by a divided Alaskan Supreme Court.

    Claims made:
    The case challenges legislation creating the Alaska Gasline Development Corporation, a state agency created to pursue building a new LNG pipeline. 

    According to the plaintiffs, Alaska is “already in a state of climate disruption” and the contested project “would ensure continuing and substantially elevated levels of climate pollution for decades, locking in increasing and worsening harms to Youth Plaintiffs”. They argue that the youth plaintiffs are “uniquely vulnerable to climate change injuries and face disproportionate harms”. Arguing that climate pollution is already causing dangerous climate disruption in Alaska, injuring the plaintiffs in this case, they cite the following climate-related impacts:

    • temperature increase, heatwaves, and other heat-related changes;
    • thawing permafrost;
    • changing precipitation patterns, extreme weather events and droughts;
    • loss of sea, river, and lake ice;
    • ocean acidification;
    • melting glaciers and sea level rise; and
    • increasingly frequent and severe wildfires and smoke.

    The plaintiffs sought a declaration that the contested provisions of State law violate their public trust rights to equal access to public trust resources and to sustained yield of public trust resources free from substantial impairment. They argued that the state of Alaska has a duty under the public trust doctrine to ensure “the continuing availability of public trust resources for present and future generations”.

    In addition, they sought a declaration that they have a fundamental right to a climate system that sustains human life, liberty, and dignity under the Alaskan Constitution, which is being violated by the contested statutory provisions.

    The youth plaintiffs also petitioned the court to enjoin the defendants from taking further actions to advance or develop the Alaska LNG Project. They sought costs and expenses as well as “such other and further relief as the Court deems just and equitable.”

    Recent developments:
    In October 2024, it was reported that the state of Alaska had asked the Court to dismiss the case.

    2024.05.22.AK+LNG+ComplaintDownload

    Last updated:
    14 November 2024

    Categories
    China Emissions reductions/mitigation Federation of Bosnia and Herzegovina Fossil fuel extraction Paris Agreement Participation rights Right to a healthy environment Right to health Right to life Right to water Rights at stake

    Violations of Human Rights by Federation of Bosnia and Herzegovina (BiH) and China due to Coal Fired plants in BiH

    Summary:

    On 17 March 2021, two UN Special Rapporteurs, Marcos A. Orellana (Special Rapporteur on the implications for human rights of the environmentally sound management and disposal of hazardous substances and wastes) and David R. Boyd (Special Rapporteur on the issues of human rights obligations relating to the enjoyment of a safe, clean, healthy, and sustainable environment), issued communications to Bosnia Herzegovina (BiH) and China regarding alleged human rights violations stemming from the operation of coal power plants in BiH, supported by Chinese State-Owned Enterprises and financed by the China Development Bank. Civil society complaints raised concerns about water and air pollution, negative impacts on climate change, and adverse health effects, including respiratory issues and cardiac arrest. The communication highlighted violations of international human rights obligations related to a healthy environment, life, health, bodily integrity, safe drinking water, and sanitation. It also emphasised the exacerbation of climate change conditions through increased greenhouse gas emissions. Procedural environmental human rights were allegedly affected due to failures in providing information, access to justice, and effective remedies for health impacts caused by the plants. The communication sought measures from both BiH and China, including ensuring plant compliance with national and international laws, harmonising environmental permitting procedures, monitoring health impacts, and preventing negative human rights and environmental outcomes. China was also asked to provide information on the global impacts of pollution caused by Chinese-supported plants and measures to ensure Belt and Road Initiative projects align with the Paris Agreement’s climate objectives.

    China responded to the communication on 27 May 2021, rejecting the allegations as false and emphasising its commitment to international responsibility for climate change. China stated that the Tuzla plant, one of the plants in question, is intended to replace outdated units, complying with EU carbon emissions standards and contributing to local development and reliable energy supply. BiH had not responded yet.

    Claim:

    The case revolves around the alleged violations of human rights related to pollution, waste, and climate change resulting from the operation of Chinese-supported coal-fired plants in the Federation of Bosnia and Herzegovina. The claim is that both Bosnia Herzegovina and China have failed to meet international human rights obligations for human and environmental rights, including the right to a healthy environment, life, health, bodily integrity, safe drinking water, and sanitation. The construction and operation of these plants are accused of exacerbating climate change conditions by increasing greenhouse gas emissions. The communication seeks measures to address these concerns, emphasising the responsibility of states under international human rights law to prevent, investigate, punish, and redress such abuses.

    Links:

    The case documents can be found here. The documents are also available for download below:

    DownLoadPublicCommunicationFile-CHNDownload
    DownLoadPublicCommunicationFile-BIHDownload
    DownLoadFile-response0CHNDownload

    Status of the case:
    The case is currently pending before the UN Special Rapporteurs.

    Suggested citation:
    Violations of Human Rights by Federation of Bosnia Herzegovina (BiH) and China due to Coal Fired plants in BiH, AL BIH 2/2021 and AL CHN 2/2021 (17 March 2021).

    Last updated:
    15 January 2024.