Category: Right to health

Categories
Climate activists and human rights defenders Emissions reductions/mitigation European Convention on Human Rights Finland Indigenous peoples' rights Right to a healthy environment Right to health Right to water Rights of nature Vulnerability

Finnish Association for Nature Conservation and others v. Finland

Summary:

In August 2024, a coalition of six Finnish environmental and human rights organizations, including the Finnish Sámi Youth, filed a lawsuit against the Finnish government at the Supreme Administrative Court of Finland. The lawsuit accuses the government, led by Prime Minister Petteri Orpo, of failing to meet the commitments outlined in Finland’s 2022 Climate Act, which aims to achieve carbon neutrality by 2035. The plaintiffs argue that the government’s insufficient actions, particularly in the areas of forestry, agriculture, and transportation, threaten both environmental sustainability and the rights of the Sámi people, who are disproportionately affected by climate change.

The case builds on an earlier ruling by the Supreme Administrative Court, which dismissed the plaintiffs’ claim on procedural grounds, and a recent ruling by the European Court of Human Rights (ECtHR) in the Klimaseniorinnen case, where the Strasbourg Court found that Switzerland’s failure to adequately address climate change constituted a violation of human rights.

Claim:

The plaintiffs claim that the Finnish government’s inadequate climate policies are not only a breach of the nation’s own laws but also a violation of human rights. Specifically, they argue that the government is failing to protect the Sámi people’s rights to maintain their culture, livelihood, and environment. They demand that the government implement stronger measures to meet its climate targets, thus safeguarding both the environment and the rights of the Sámi as an indigenous people.

Significance:

The significance of this case is multifaceted. Firstly, it represents a critical intersection between environmental law and human rights, specifically the rights of indigenous peoples, highlighting how climate change disproportionately affects vulnerable populations. Secondly, this case is notable for invoking international legal standards, such as those set by the ECHR, in a national context. The outcome could therefore have implications beyond Finland, contributing to the growing body of climate litigation worldwide that seeks to hold governments accountable for their environmental commitments. Finally, the case highlights the increasingly active role of civil society in enforcing climate laws and protecting the rights of vulnerable populations in the face of global climate change.

Ruling in the case:

In January 2025, it was reported that the Supreme Administrative Court of Finland had turned down the complaint, emphasizing the need for more time to conduct an assessment of the effectiveness of current policies and the impossibility of ex ante assessments.

Links:

The related documents are accessible here, here, here, and here.

Suggested case citation:

Finnish Association for Nature Conservation and others v Finland (pending, Supreme Administrative Court of Finland, 2024).

Last updated:
12 February 2025

Categories
Class action Domestic court Emissions reductions/mitigation European Convention on Human Rights Extreme poverty Germany Just transition litigation Paris Agreement Private and family life Right to health Right to life

“Zukunftsklage” (Greenpeace and ors. v. Germany) – Neubauer II / Steinmetz III

Summary:
On 26 June 2024, it was announced that five German environmental organisations, together with a large number of individual plaintiffs, would be preparing a total of three new constitutional complaints against the Federal Government’s inadequate climate policy and the gutting of the Climate Protection Act (KSG) for the event that Federal President Frank-Walter Steinmeier were to sign pending amendments of the Act into law.

The five organisations — Germanwatch, Greenpeace, Deutsche Umwelthilfe (DUH), Bund für Umwelt und Naturschutz Deutschland (BUND) and Solarenergie-Förderverein Deutschland (SFV) — will each lead a complaint together with plaintiffs affected by climate change in different areas of their lives. Some of these plaintiffs were parties to the groundbreaking Neubauer case before the Federal Constitutional Court, including Luisa Neubauer, Sophie Backsen, Hannes Backsen, and Lüke Recktenwald.

The applicants argue that, even though the Neubauer case elevated climate action to the level of constitutional protection, insufficient action has taken place since then. Drawing on the intertemporal constitutional freedoms recognized in Neubauer, the interests of intergenerational justice, impacts on life and health, and the judgment of the European Court of Human Rights in KlimaSeniorinnen, wherein it found a violation of the right to respect for private and family life in Art. 8 ECHR, the plaintiffs argue that the requisite climate action is being delayed further into the future, increasingly endangering the future enjoyment of rights. This particularly affects the transport sector, where “extreme cuts and measures” will be required to meet reductions targets.

The plaintiffs note that the German Council of Climate Experts has made it clear that Germany is unlikely to achieve its climate targets for 2030, and that according to data from the Federal Environment Agency, the target of net zero by 2045 will also be missed by a considerable margin given current plans. This is in part due to abolition of funding programs as a result of the Federal Constitutional Court’s ruling on the Climate and Transformation Fund in November 2023.

Focusing particularly on an amendment to the German Climate Protection Act (KSG), passed by the German Bundestag on 26 April 2024, the plaintiffs note that this move (i) abolishes binding sector targets; (ii) eliminates the requirement for corrective action to catch up on missed targets; and means that (iii) post-2030 compliance with emission targets will only be considered in detail from 2029 and only planned and implemented from 2030. Overall, these legislative changes show that the legislator has not understood the constitutional limits to the overall concept of climate protection.

Since the 2021 Neubauer judgment, the plaintiffs argue, the German CO2 budget has been unnecessarily used up, while feasible and proportionate measures have not been taken. For example, the introduction of a speed limit on German freeways and in cities would have saved considerable amounts of CO2 and thus protected opportunities for freedom. The plaintiffs also cite failure to plan for green mobility options in rural areas. While immediate action in the transport sector would make it possible to transition gradually, the current plans require an “emergency stop” that will severely limit the freedoms of especially poorer segments of the population.

This cannot be countered by the fact that regulations exist at EU level. The applicants argue that EU climate protection law as a whole, and for the transport sector in particular, does not guarantee the necessary protection of fundamental rights because it does not contain any binding interim targets after 2030 and does not specify a comprehensible budget up to 2050. And, the plaintiffs note, German legislators are currently not even complying with the requirements of EU law, as established by the German Council of Climate Experts, among others.

Relief sought:
In their announcement, the plaintiffs set out three motions for relief.

  1. The German Climate Protection Act (KSG) still allows too many emissions given that the German emissions budget is empty if measured by the 1.5°C target of the Paris Agreement and the European Court of Human Rights, and almost empty if measured against the 1.75°C threshold set by the Federal Constitutional Court in 2021. The law is not ambitious enough, the permitted quantity targets jeopardize human rights instead of securing them. This must be changed to comply with the state’s existing duty to protect.
  2. The recent amendment to the KSG is unconstitutional. By weakening the required measures to reach Germany’s goals, the amendment violates the intertemporal freedoms recognized in Neubauer. The amendment must be repealed and the old law must apply unchanged.
  3. The failure to take climate protection measures in the transport sector already violates intertemporal civil liberties, making disproportionate measures unavoidable later in time. People in rural areas are particularly affected by such restrictions on freedom, putting socially disadvantaged groups at a disadvantage.

Cases under the “Zukunftsklage” umbrella:

A first case under this umbrella was filed in July 2024. Known as “Steinmetz, et al. v. Germany III“, this case was brought by an NGO, Deutsche Umwelthilfe, and 11 individual plaintiffs aged between 14 and 27. They allege that current reforms are insufficient and that they violate the principle of intergenerational freedom developed in the Neubauer ruling. Drawing extensively on the European Court of Human Rights’ KlimaSeniorinnen judgment, they also argue that current mitigation plans in Germany infringe their rights to life and physical integrity, drawing on Article 8 ECHR.

Complaint form in the Steinmetz III caseDownload

Last updated:
29 November 2024

Categories
2023 Children and young people Children's rights/best interests Human dignity Inter-American Human Rights System Peru Right to a healthy environment Right to health Right to life

Inhabitants of La Oroya v Peru

Summary:

The Inter-American Court of Human Rights (IACtHR) ruled on 27 November 2023 that Peru is accountable for violating various rights of residents living near the La Oroya Metallurgical Complex (CMLO), established in 1992 in La Oroya. The CMLO, dedicated to smelting and refining metals such as lead, copper, zinc, and arsenic, caused severe environmental pollution, contaminating air, water, and soil, and adversely affecting residents’ health and well-being. Consequently, the Court mandated Peru to conduct an environmental contamination analysis, provide free medical care to affected individuals, and adjust pollutant standards, marking a significant victory for the plaintiffs after enduring years of pollution and inadequate governmental response.

Claim:

The residents of La Oroya brought claims against Peru, asserting that the government’s failure to regulate and address the environmental contamination from the smelting complex violated their fundamental human rights, including the right to a healthy environment, health, and life. They presented evidence of the adverse health effects experienced due to exposure to toxic pollutants emitted by the complex.

Decision:

On 27 November 2023, the IACtHR declared Peru responsible for multiple human rights violations affecting the inhabitants of La Oroya. These violations are rooted in the contamination of the air, water, and soil caused by mining-metallurgical activities in the CMLO. The State’s failure to regulate and supervise these activities exacerbated the situation, leading to violations of the rights to a healthy environment, health, life, and personal integrity of the victims. Furthermore, the Court found that the State failed to fulfil its obligation of progressive development concerning the right to a healthy environment by regressing air quality standards.

The Court also determined that the State neglected children’s rights by not implementing adequate protection measures, considering the disproportionate impact of contamination on the children of La Oroya. It emphasized the critical connection between safeguarding children and addressing the climate crisis, noting that mining and industrial activities, particularly those involving fossil fuels, are significant contributors to greenhouse gas emissions, posing risks to public health and exacerbating climate change. It further acknowledged the vulnerability of children to the impacts of climate change and the long-term consequences they face, as underscored by the United Nations Committee on the Rights of the Child in the Sacchi case. Consequently, the Court asserted that states have a duty to protect children and must take decisive action to mitigate health risks from pollutant emissions that exacerbate climate change crisis.

Moreover, the Court concluded that the State violated the right to public participation and adequate information provision to the victims regarding measures affecting their rights. Additionally, it found the State in violation of the right to judicial protection by failing to comply with a decision of the Constitutional Court for the protection of La Oroya’s inhabitants, which was delivered in 2006.

Finally, the Court held the State accountable for not investigating reported acts of harassment, threats, and reprisals against some victims. Based on these findings, the Court determined that the State of Peru violated several articles of the American Convention on Human Rights, specifically articles 26, 5, 4.1, 8.1, 13, 19, 23, and 25, in relation to articles 1.1 and 2 of the same instrument

Peru was ordered to conduct a comprehensive study assessing contamination in air, water, and soil in La Oroya and to develop an environmental remediation plan accordingly. Furthermore, Peru was ordered to provide free medical care to victims and compensate them individually with amounts ranging between $15,000 and $30,000. This decision emphasizes states’ obligation to safeguard the right to a healthy environment and hold them accountable for environmental harm threatening their citizens’ well-being.

Environmental protection as jus cogens:

In para. 129 of its ruling, the Court made a novel finding: it held that the obligation to protect the environment should be a jus cogens norm. The paragraph in question is translated here in full:

“States have recognised the right to a healthy environment, which carries with it an obligation of protection that is incumbent on the international community as a whole. It is difficult to imagine international obligations of greater significance than those that protect the environment against unlawful or arbitrary conduct that causes serious, extensive, long-lasting and irreversible damage to the environment in a scenario of climate crisis that threatens the survival of species. In view of the above, international protection of the environment requires progressive recognition of the prohibition of this type of conduct as a peremptory norm (jus cogens) that gains the recognition of the international community as a whole as a norm from which no derogation is permitted. This Court has pointed out the importance of the legal expressions of the International Community whose higher universal value is indispensable to guarantee essential or fundamental values. In this sense, guaranteeing the interest of both present and future generations and the preservation of the environment against its radical degradation is fundamental for the survival of humanity.” (para. 129 of the judgment, translated by climaterightsdatabase.com, references removed).

Links:

The case documents are accessible below for download:

Court-statement-about-the-rulingDownload
Full-text-of-the-rulingDownload
Official-summary-of-the-rulingDownload

Status of the case:

Decided.

Further reading:

For further information and analysis of the case, see among others:

  • José Saldaña, ‘People from La Oroya vs Peru, Inter-American Court of Human Rights: How Effective is International Law to Protect the Environment in Extractive Contexts?’, EJIL:Talk Blog, 11 April 2024, available here.
  • Patricio Trincado Vera, ‘The Right to a Healthy Environment in La Oroya v. Peru: A Landmark Judgement of the IACtHR’, OpinioJuris Blog, 25 May 2024, available here.

Suggested citation:

Inhabitants of La Oroya v Peru (Preliminary Exceptions, Merits, Reparations and Costs), Judgment of November 27, 2023, Inter-Am Ct HR, Series C No 511.

Last updated:

25 March 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.

Categories
Domestic court Indigenous peoples rights Participation rights Right to a healthy environment Right to health Right to water Rights at stake Thailand

Residents of Omkoi v Expert Committee on EIA Consideration et al.

Summary:

On 4 April 2022, members of Kabeudin village, an Indigenous Karen community in Omkoi district, Chiang Mai province, Thailand, filed a lawsuit at the Chiang Mai Administrative Court against the Office of Natural Resources and Environmental Policy and Planning and the Expert Committee on Environmental Impact Assessment Consideration. The legal action aims to revoke the alleged flawed environmental impact assessment (EIA) associated with the Omkoi coal mine project by the 99 Thuwanon Company. Residents argue that the coal mine poses substantial risks to long-term health and livelihoods. The lawsuit specifically targets deficiencies in the original EIA, which was executed over ten years ago, lacked meaningful community participation, and contains errors and omissions. Thailand’s National Human Rights Commission (NHRC) reportedly identified human rights violations in the EIA in 2020, and recommended a plan revision. If the project proceeds, residents fear it will infringe upon their right to a healthy environment and life-sustaining resources like clean air and water. The lawsuit seeks a transparent and legally compliant new EIA in line with Thai law and international standards. On 23 September 2022, the Administrative Court issued an order for temporary protection, thereby suspending the activities of the coal mining project until a final judgment from the Court is delivered.

Claim:

The residents of Omkoi assert that the EIA for the Omkoi coal mine project, conducted by the 99 Thuwanon Company over a decade ago, is fundamentally flawed and poses a significant threat to the community’s long-term health and livelihoods. The lawsuit seeks the revocation of the alleged outdated EIA and the initiation of a new assessment process characterized by transparency and meaningful community participation. The claim emphasizes that the original EIA lacked adequate opportunities for local engagement, contained errors and omissions, and was previously identified by the NHRC for human rights violations. The residents contend that allowing the coal mine project to proceed would violate their right to a healthy environment and life-sustaining resources like clean air and water.

Links:

The case documents are accessible via Climate Case Chart: Click here.

Status of the case:

The case is currently pending before the Chiang Mai Administrative Court of Republic of Thailand.

Suggested citation:

Residents of Omkoi v Expert Committee on Environmental Impact Assessment Consideration and the Office of Natural Resources and Environmental Policy and Planning, Chiang Mai Administrative Court of Republic of Thailand, Black Case Sor. 1/2565 (4 April 2022).

Last updated:
15 January 2024.

Categories
2021 Domestic court Ecuador Gender / women-led Paris Agreement Right to a healthy environment Right to health Right to subsistence/food Right to water Rights of nature

Herrera Carrion et al. v Ministry of the Environment et al. (“Caso Mecheros”)

Summary:

The Caso Mecheros ruling, issued by the Provincial Court of Justice of Sucumbíos in 2021, revolved around nine girls from the provinces of Sucumbíos and Orellana who lodged a constitutional injunction against the Ecuadorian government. In their lawsuit, the applicants asserted that the practice of gas flaring violated their rights to water, health, food sovereignty, and a healthy, ecologically balanced environment. The flares are open-air pipes that burn and expel natural gas at an average temperature of 400 degrees Celsius. The pollution resulting from gas flaring was alleged to have severe impacts on the environment, human health, biodiversity, and climate change. The plaintiffs sought the annulment of gas flaring authorizations, immediate removal of flaring towers, and a prohibition on new oil-related flares in the Amazon region.

Claim:

The plaintiffs argued that the common practice of gas flaring by the Ecuadorian state violated their rights to water, health, food sovereignty, and a healthy, ecologically balanced environment. They asserted that the state’s actions contributed to environmental damage, health issues, biodiversity loss, and climate change. Their specific requests included the annulment of gas flaring authorisations, immediate removal of existing flaring towers, and a prohibition on new oil-related flares in the Amazon region.

Decision:

Initially, on 7 May 2020, the request was denied by the court of first instance. According to Judge María Custodia Toapanta Guanoquiza, there were no studies confirming the impact of gas flaring on the health of people in the area. However, on 29 July 2021, the Provincial Court of Justice of Sucumbíos ruled in favour of the plaintiffs’ appeal, asserting that the Ecuadorian State failed to uphold the girls’ rights to reside in a healthy environment. The ruling highlights the disregard for various international environmental commitments made by Ecuador, notably its Nationally Determined Contributions presented during the COP 21 to the United Nations Framework Convention on Climate Change. As part of its decision, the Court has mandated an updated plan for the gradual elimination of gas flares, with a priority on removing those in close proximity to populated areas within 18 months. Additionally, it stipulated the complete removal of all gas flares by December 2030. The decision also permits new authorisations for clean technologies, provided they are situated away from populated centres.

This landmark decision not only establishes a legal precedent but is also hailed as a historic triumph. It draws a crucial connection between the repercussions of gas flaring and the violation of fundamental rights enshrined in the constitution. The ruling underscores the adverse health effects associated with gas flaring and has the potential to influence public policies in other nations grappling with similar environmental challenges.

Links:

The case documents are accessible for download below (in the original Spanish).

rulingDownload
Decision-court-of-first-instanceDownload

Status of the case:

Decided.

Suggested citation:

Herrera Carrion et al. v. Ministry of the Environment et al. (Caso Mecheros), Provincial Court of Justice, Juicio No: 21201202000170 (Jul. 29, 2021) (Ecuador).

Last updated:

12 January 2024.

Categories
Brazil Class action Deforestation Domestic court Emissions reductions/mitigation Human dignity Right to a healthy environment Right to health Right to life Right to subsistence/food

Institute of Amazonian Studies (IEA) v Brazil

Summary:

The IEA v. Brazil case centres on the severe deforestation crisis in the Brazilian Amazon, a major global climate concern. The Institute of Amazonian Studies (IEA), an NGO, initiated a public civil action, not only demanding the Brazilian government’s compliance with national climate laws but also advocating for the recognition of a new fundamental right to a stable climate for both current and future generations. IEA contends that the government has failed to meet emissions targets outlined in the National Policy on Climate Change, specifically the Plan to Prevent and Combat Deforestation in the Legal Amazon. The NGO seeks court orders to enforce compliance with these plans and, in case of non-compliance, calls for reforestation and resource allocation. Importantly, IEA asserts the existence of a fundamental right to climate stability implicit in the Brazilian Constitution, crucial for human life and ecological balance. This right encompasses various aspects such as an ecologically balanced environment, dignified life, inviolability of life, freedom, equality, security, property, health, food, and housing. The case also challenges the burden of proof, with IEA requesting a reversal, arguing that the government, holding evidence, should prove compliance with climate policies and lack of influence on deforestation rates.

Claim:

The IEA’s main contentions involve compelling the Brazilian government to adhere to climate policies, implement deforestation reduction plans, and acknowledge a fundamental right to climate stability. Additionally, the NGO seeks a reversal of the burden of proof, placing the responsibility on the government to demonstrate compliance with climate regulations and its non-influence on deforestation rates.

Legal developments:

In July 2021, the Federal District Court of Curitiba initially declined jurisdiction and transferred the case to the Court of Amazonas. However, this decision was subsequently suspended on 20 August 2021 by the Federal Appellate Court, following a ruling from the reporting judge. The Appellate Court reversed the lower court’s decision, returning the case to the Federal District Court.

During this process, the question of whether the case should be consolidated with another one, Federal Prosecutor’s Office v. IBAMA, concerning the operationalisation of monitoring bases in critical areas within the Amazon, was also considered. The Court determined that the two cases were distinct in terms of typology, structure, objective, cause of actions, and demands. Specifically, it highlighted the differences between IEA v. Brazil, aimed at ensuring the federal government takes steps to implement climate policies, and Federal Prosecutor’s Office v. IBAMA, which addresses environmental law matters.

On 7 December 2021, the Third Chamber of the Appellate Court affirmed the decision to return the case to the Federal District Court. The Court emphasised that, although both lawsuits dealt with illegal deforestation, they had different focuses. IEA v. Brazil concentrated on reducing Brazilian emissions through deforestation reduction, while Federal Prosecutor’s Office v. IBAMA addressed an environmental law case focused on combating deforestation in ten “ecological hotspots” within a specific timeframe, namely the COVID-19 pandemic. The Court underscored the distinction between climate litigation and environmental litigation in making its determination.

Links:

The case documents are accessible here and here.

Status of the case:

The case is currently pending before the Federal Court of Curitiba.

Suggested citation:

Institute of Amazonian Studies v. Brazil, Federal Regional Court, Fourth Region, ACP No. 5048951-39.2020.4.04.7000, 29 March 2022 (Brazil).

Last updated:

12 January 2024

Categories
Children and young people Children's rights/best interests Domestic court Emissions reductions/mitigation Fossil fuel extraction Non-discrimination Right to a healthy environment Right to health Right to life Right to property United States of America

Genesis B. v United States Environmental Protection Agency (EPA)

Summary:
On 10 December 2023, 18 children from California, aged 8 to 17, initiated a constitutional climate lawsuit titled Genesis B. v. United States Environmental Protection Agency (EPA). The lawsuit targets not only the EPA but also its administrator, Michael Regan, and the U.S. federal government. The central claim put forth by the young plaintiffs is that the EPA, responsible for regulating greenhouse gas emissions, is deliberately allowing life-threatening climate pollution to be emitted by fossil fuel sources under its jurisdiction. According to the plaintiffs, this negligence is causing substantial harm to the health and welfare of children. Furthermore, the children argue that the EPA is engaging in discrimination against them as a distinct group of individuals by discounting the economic value of their lives and their future when making decisions about the permissible levels of climate pollution. The plaintiffs assert that such actions violate their constitutional rights, specifically the right to equal protection of the law and the right to life.

This legal action represents the most recent development in a sequence of constitutional climate cases initiated by the nonprofit legal organisation Our Children’s Trust and led by youth activists. Notably, Our Children’s Trust achieved a significant milestone in August 2023 with the Held and Others v. Montana case. In this instance, a judge sided with plaintiffs who contended that the state’s policies favouring fossil fuels encroached upon their constitutional entitlement to a clean and healthful environment

Claim:
The youth involved in Genesis B. v. United States Environmental Protection Agency assert that the EPA’s actions violate their fundamental constitutional rights, specifically the right to equal protection of the law and the right to life and liberty. They seek a declaratory judgment from the federal court and are urging the court to establish a unique standard of judicial review that recognises and protects the equal protection rights of children. Ultimately, the plaintiffs aim to compel the EPA to cease permitting life-threatening levels of fossil fuel climate pollution and, in alignment with scientific recommendations, phase out fossil fuel pollution by 2050.

Link:
The case document is available for download below:

Doc1Complaint2023.12.10Download

Status of the case:
The case is currently pending before the U.S. District Court in the Central District of California.

Suggested citation:
Genesis B. v. United States Environmental Protection Agency, U.S. District Court, Central District of California, Case No. 2:23-cv-10345 (Filed 12/10/23)

Last updated:
31 December 2023.

Categories
Domestic court Fossil fuel extraction Indigenous peoples rights Indigenous peoples' rights Participation rights Right to a healthy environment Right to health South Korea

Kang et al. v KSURE and KEXIM

Summary:
In March 2022, four individuals, including one Korean national and three Australian nationals from the indigenous community of the Tiwi Islands, filed a complaint before the Seoul District Court. The complaint specifically targets two public Korean debtor corporations—Korea Trade Insurance Corporation and Korea Export Import Bank—by challenging their financial support for the Barossa gas field development project. This fossil gas reserve initiative, led by SK E&S Co., Ltd. (a South Korean conglomerate), Santos Ltd. (an Australian oil and gas corporation), and Jera Co. (Japan’s largest power company), is located off the coast of Australia’s Northern Territory, near the Tiwi Islands. The applicants oppose the project, highlighting potential irreversible environmental, legal, and financial risks. The plaintiffs argue that endorsing the Barossa Gas Project would violate their constitutional rights to health and a healthy living environment. They are seeking a preliminary injunction to prevent the defendants from supporting the project.

Claim:
The claim underscores the environmental risks associated with the Barossa Gas Project, projecting an annual emission of 15Mt of CO2 and potential harm to the marine ecosystem, including endangered sea turtles, and indigenous communities. Legal risks involve insufficient consultation with indigenous communities and a potential dispute over control of the gas field given its location within the Indonesian exclusive economic zone (EEZ). Financial risks are tied to the project’s inconsistency with climate goals, an anticipated decline in fossil gas demand, and underdeveloped carbon capture and storage technologies. The plaintiffs base their claim on constitutional environmental rights, Tiwi Islanders’ property rights, and the South Korean National Finance Act. They emphasise the deficiencies in the consultation and assessment processes for the proposed Barossa pipeline in a habitat protection zone near the Tiwi Islands. The central issue revolves around whether the Tiwi Islanders were adequately consulted and if environmental and climate impacts were sufficiently assessed for the Barossa project.

Links:
The complaint is accessible for download below (in the original Korean).

20220323_16485_petitionDownload

Status of the case:
Pending.

Suggested citation:
Kang et al. v. KSURE and KEXIM (South Korea, Seoul District Court), pending case filed on 23 March 2022.

Last updated:
12 December 2023.

Categories
2020 Climate activists and human rights defenders Domestic court Fossil fuel extraction Mexico Right to a healthy environment Right to health Separation of powers

Mexican Center for Environmental Law v Mexico

Summary:
This case revolves around the 2020 amendments to Mexico’s General Law on Climate Change, specifically the termination of the Climate Change Fund established in 2012. The fund’s purpose was to attract and direct resources, both national and international, towards climate change initiatives. The Mexican Center for Environmental Law (CEMDA) filed a petition seeking legal protection to annul this aspect of the reform, arguing that it was regressive in safeguarding the human right to a healthy environment and exacerbated transparency issues. The initial court ruling dismissed the request, stating that the reform did not impede any rights but rather reallocated resources to the Federal Expenditure Budget. CEMDA appealed to a Collegiate Tribunal, which, recognising the case’s significance, referred it to the Mexican Supreme Court. On 12 April 2023, the Supreme Court maintained that judges should not assess the suitability of public policies, emphasising that climate change strategy falls under the executive and legislative branches’ jurisdiction. The Court upheld the prior decision, rejecting CEMDA’s claim.

Claim:
The contention in this case asserts that eliminating the Climate Change Fund through the 2020 amendments to Mexico’s General Law on Climate Change infringes the constitutional right to a healthy environment. CEMDA contends that this modification impedes the effective addressing of climate change by dismantling a dedicated fund intended to attract public and private resources for climate-related actions. In addition, CEMDA maintains that the reform gives the government discretionary power to utilise these same resources to support fossil fuels, potentially putting Mexico’s international commitments to environmental preservation at risk. Thus, the fundamental issue at hand is whether the elimination of the Climate Change Fund breaches the constitutional right to a healthy environment.

Decision:
On 12 April 2023, the Mexican Supreme Court ruled that the elimination of the Climate Change Fund does not violate the constitutional right to a healthy environment. The Court held that it is not within the jurisdiction of judges to evaluate the suitability of public policies; such decisions fall under the purview of the executive and legislative branches. The Court emphasised that the modification of the strategy to combat climate change, including the dissolution of the Climate Change Fund, is a matter of public policy, and legislators have the freedom to determine appropriate mechanisms. The Supreme Court concluded that CEMDA’s arguments failed to demonstrate the unconstitutionality of the reform. Moreover, the Court found no evidence that the resources formerly allocated to the Climate Change Fund, post-modification, would not be used correctly, transparently, and equitably. Consequently, the lower court’s decision was upheld, and CEMDA’s claim was rejected.

Links:
The case documents are accessible via Climate Case Chart: Click here

Status of the case:
Decided.

Suggested citation:
Mexican Center for Environmental Law (CEMDA) v Mexico [2020] Amparo No 1200/2020, decided 12 April 2023.

Last updated:
12 December 2023.