Category: State concerned

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 is part of 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 asserted that the EPA’s actions violated their fundamental constitutional rights, specifically the right to equal protection of the law and the right to life and liberty. They sought 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 aimed 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.

Dismissal of the case:
On 9 April 2026, the case was dismissed for lack of standing by the Ninth Circuit Court of Appeals, which agreed with the United States District Court for the Central District of California. The Ninth Circuit Court found that the plaintiffs had not alleged a viable injury to their constitutional (equal protection) rights, given that discrimination against children had not been proven to be a motivation of the contested policies. Even if they had been able to show cognizable injuries from climate change, the link between governmental discounting policies and those injuries was “too speculative and tenuous” to meet standing criteria. Citing its own findings in Juliana, the Court held that recognizing a rights violation in this case could not redress the alleged injuries.

Link:
The original petition is available for download below, as is the Ninth Circuit’s finding:

Doc1Complaint2023.12.10Download
25-2473Download

Suggested citation:
US Ninth Circuit Court of Appeals, Genesis B. v. United States Environmental Protection Agency, No. 25-2473 D.C. No. 2:23-cv-10345MWF-AGR, 9 April 2026.

Last updated:
24 June 2026.

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.

Categories
2022 Austria Disability and health-related inequality Domestic court Non-discrimination Private and family life Right to health Right to life Rights at stake

In Re Tax Benefits for Aviation

Summary:
The applicant, a consumer utilising both rail and air services, applied for relief, citing a diagnosis of multiple sclerosis and health issues exacerbated by the climate crisis. She argued that existing Austrian tax laws favouring aviation over rail travel contributed to environmental problems and violated her constitutional rights, including the right to equality before the law, the right to life, and the right to private and family life. Specifically, the applicant contended that tax benefits for aviation companies created an unjustified disparity in treatment between equivalent means of transport, negatively impacting consumers who choose rail travel.

Claim:
The applicant claimed that the tax advantages granted to aviation companies, in contrast to railway companies, violated her fundamental rights. These rights included the right to equality before the law, with the applicant asserting that the tax benefits led to unequal treatment of equivalent means of transport in direct competition. Additionally, she argued a violation of her right to life, contending that climate change, exacerbated by tax benefits to aviation, posed a threat to human life, and that the state failed in its positive obligation to adopt measures to prevent such threats. The applicant also alleged a violation of her right to private and family life, asserting that the state’s encouragement of climate-damaging behavior through tax benefits violated its positive obligations to protect health, well-being, and bodily integrity from environmental hazards.

Decision:
On 27 June 2023, the Constitutional Court of Austria dismissed the application as inadmissible. The court cited the amendment to the Value-Added Tax Act as of 1 January 2023, which extended value-added tax (VAT) exemptions from aviation and maritime shipping to cross-border rail transport. The court determined that the contested provision was no longer in force, leading to a lack of standing for the applicants. Additionally, the court held that the obligation to pay VAT was directed at businesses, excluding consumers from challenging relevant provisions. The same rationale applied to the mineral oil tax, as it was not payable by consumers, and they were deemed not affected in their legal sphere, thus lacking the entitlement to challenge tax provisions.

Link:
The case document is accessible below.

20230627_19868_decisionDownload

Status of the case:
Decided.

Suggested citation:
In Re Tax Benefits for Aviation [2022] G 106-107/2022-10, V 140/2022-10 (Constitutional Court of Austria).

Last updated:
12 December 2023.

Categories
Business responsibility / corporate cases Domestic court France Indigenous peoples rights Indigenous peoples' rights Right to a healthy environment Right to health

Envol Vert et al. v Casino

Summary:

This case revolves around the nexus of climate change and human rights abuses. Various NGOs, representing the plaintiffs, initiated legal proceedings in March 2021 against the French supermarket giant, Casino. The allegations stem from the company’s activities in the cattle industry in Brazil and Colombia, facilitated through its subsidiaries Grupo Pão de Açúcar and Grupo Éxito. Despite Casino’s commitment to eradicating deforestation and complying with Brazilian national law, the lawsuit contends that the corporation is culpable for environmental degradation, human rights violations, and threats to human health and safety in the mentioned regions. Specific accusations include biodiversity loss, depletion of carbon stocks, land seizures, violations of Indigenous peoples’ rights, and instances of slavery and forced labor. The plaintiffs argue that Casino’s vigilance plans, mandated by the French duty of vigilance law, lack substance and are insufficient. Consequently, they seek court orders compelling Casino to establish and implement a comprehensive vigilance plan, along with compensating Brazilian Indigenous groups for damages resulting from the company’s failure to fulfil its duty of vigilance.

Claim:

The plaintiffs assert that Casino, through its operations in the cattle industry in Brazil and Colombia, is responsible for environmental harm, human rights violations (including land seizures, violations of Indigenous peoples’ rights, slavery, and forced labor), and threats to human health and safety. They contend that Casino’s vigilance plans, mandated by the French duty of vigilance law, lack substance. Seeking legal intervention, the plaintiffs aim to compel Casino to establish and implement a comprehensive vigilance plan, identifying risks arising from the group’s activities. Additionally, they request compensation for Brazilian Indigenous groups, arguing that Casino’s failure to uphold its duty of vigilance resulted in the loss of opportunity and moral damage. Casino rebuts these claims, asserting that its vigilance plan aligns with legal requirements and deeming the plaintiffs’ requested measures unreasonable under the duty of vigilance law. The core issue involves determining whether Casino violated the French duty of vigilance law through its involvement in cattle-industry-induced deforestation.

Links:

The case document can be found below.

20210302_13435_complaintDownload

Status of the case:

The case is currently pending before the French Saint-Étienne Judicial Court.

Suggested citation:

Envol Vert et al v Casino (Saint-Étienne Judicial Court), filed 2 March 2021.

Last updated:

11 December 2023.

Categories
2022 Children's rights/best interests Climate activists and human rights defenders Domestic court Mexico Right to a healthy environment Right to health Right to water Standing/admissibility

Youth v. Government of Mexico

Summary:

On 5 December 2019, the plaintiffs filed for protection against several authorities and acts. Notably, they claimed that the President of the Republic, the Head of the Ministry of Environment and Natural Resources, the Inter-Ministerial Commission on Climate Change, and other authorities had failed to issue regulations and policies regarding climate change which they were required to by national law. The plaintiffs claim that the failure to issue such regulations and policies had violated their constitutionally protected rights. They invoke, among other rights, the right to health protection, the right to a healthy environment, the right to water and the rights of children.

In a decision by the District Court in Administrative Matters in Mexico City, on 20 May 2022, the case was dismissed on the basis that the plaintiffs lacked a legitimate interest, as required to claim the alleged legislative omissions. The court argued that the plaintiffs could not prove a link between themselves and the environmental services of the allegedly violated ecosystem, as required by Mexican law.

The Collegiate Court in Administrative Matters in Mexico City, the appeals court, overruled this decision on 21 September 2022. It stated that the plaintiffs do have a legitimate interest because the legislative omissions affect the entire national territory and the applicants intend to counteract climate change and prevent its effects. Hence, a special link to ecosystems or the environment is not required because, as long as the plaintiffs reside in the national territory, such a link is established.

The case was forwarded to the Supreme Court of Mexico, where it is currently pending, to clarify the issue of the alleged human rights violations.

Stauts of Case:

The Supreme Court decision is pending

Suggested case citation:

Collegiate Court in Administrative Matters of Mexico City, Youth v. Government of Mexico, Judgment of 21 September 2022, R.A. 317/2022.

Case documents:

complaint_20191205_ESDownload
district_court_decision_20220520_ESDownload
appeals_court_decision_20220921_ESDownload

Date last updated:

29 November 2023

Categories
2023 Adaptation Climate activists and human rights defenders Domestic court European Convention on Human Rights Private and family life Right to life Sea-level rise The Netherlands

Greenpeace Netherlands v. State of the Netherlands (Bonaire)

Summary:
On 28 January 2026, the Commerce team of the Hague District Court issued a judgment in a case brought by Greenpeace and seven residents of the Caribbean island of Bonaire against the Dutch government. In examining the case, which concerned both alleged mitigation and adaptation failures, the Court found several violations of the human rights guaranteed in the European Convention on Human Rights (ECHR). In particular, and extensively discussing the European Court of Human Rights’ (ECtHR) KlimaSeniorinnen judgment of 9 April 2024, the Court found that the Dutch State had failed to fulfil its positive obligations towards the inhabitants of Bonaire under Article 8 ECHR, because the authorities’ mitigation and adaptation measures taken as a whole in relation to them did not meet the Netherlands’ obligations under the international climate regime (the UNFCCC and the Paris Agreement, discussing also the Kyoto Protocol). Additionally, given that the Dutch State took mitigation and adaptation measures for the inhabitants of Bonaire much later and less systematically than for the inhabitants of the European Netherlands, it found violations of the ECHR’s non-discrimination norms.

Background to the case:
On 11 May 2023, Greenpeace and seven residents of the Caribbean island of Bonaire sent a pre-litigation letter (Dutch: sommatie) to the office of the Prime Minister of the Netherlands. The letter claimed that the Netherlands does not sufficiently protect the authors from climate change and thereby violates their human rights. Since 2010, Bonaire has been a special municipality of the Netherlands and part of the Caribbean Netherlands. In the pre-litigation letter, the plaintiffs claim that the duties of care arising from Articles 2 and 8 of the European Convention on Human Rights (ECHR), the right to life and the right to family life, have been breached. The inaction of the Netherlands in sufficiently addressing climate change, they argue, violates these human rights. Therefore, they made the following demands:

  1. The Netherlands must implement the necessary measures to protect Bonaire from the consequences of climate change.
  2. The State shall develop and implement a policy which guarantees a 100% reduction of Dutch emission of all greenhouse gases in 2030 when compared to 1990 levels.
  3. Lastly, as part of and to realize the demands above, the State must implement all necessary measures to ensure that, in January 2040 at the latest, the joint volume of the national emission of all greenhouse gases will have been reduced by 100% when compared to 1990 emissions levels.

With the pre-litigation letter to the Prime Minister, the plaintiffs asked for negotiations to find a mutually agreeable decision on their demands. Given the lack of successful negotiations, the plaintiffs initiated proceedings under the Dutch Act on Redress of Mass Damages in Collective Action (WAMCA, alternatively translated as the Settling of Large-scale Losses or Damage (Class Actions) Act), which restructured the Dutch legal system’s approach to mass litigation and collective redress since coming into force in 2020.

Admissibility:
On 25 September 2024, Greenpeace announced that a court in the Hague had ruled that its action on behalf of the public interest of the people of Bonaire was admissible. A hearing was set to follow in 2025.

Judgment of 28 January 2026:
The District Court of Hague (Court) found that individuals residing in Bonaire were owed positive obligations arising from the application of Article 8 of the ECHR in the context of climate-related risks as identified in the judgment in Verein KlimaSeniorinnen et al. v. Switzerland. It further found that the non-discrimination norms found in Article 14 of the ECHR and Article 1 of Protocol 12 to the ECHR were applicable to the case in light of the difference in treatment of the residents of Bonaire arising out of the lack of a climate adaptation applicable to Bonaire, when in contrast, a coherent and integrated climate adaptation policy was being implemented for the European Netherlands since 2016.

In its reasoning, it assessed the Netherlands’ and the EU’s climate mitigation laws as falling short of the minimum requirements of ambition and stringency, which it derived from decisions of the Conference of Parties (COP) to the UNFCCC read with provisions of the UNFCCC and the Paris Agreement. It negatively appraised the Netherlands’ reliance on a ‘grandfathering’ approach, which it found to be ‘controversial’ although not prohibited. These shortcomings informed its negative ‘overall assessment’ of the Netherlands’ climate mitigation framework for compliance with Article 8 of the ECHR, as interpreted by the European Court of Human Rights in the Verein KlimaSeniorinnen judgment. Next, regarding the positive obligation to effectively implement climate mitigation measures, it held that the State’s admission that the 2030 emissions reduction was ‘highly unlikely’ to be met as a decisive factor in determining a breach of that obligation.

Regarding adaptation measures, the Court found that although initial steps have been taken (for instance, the setting up of a local project for the development of an adaptation plan) the fact that no concrete timeline for the implementation of adaptation measures exists despite the known climate risks (especially that of partial submergence significant parts of land territory by 2050), and that the State has carried out insufficient scientific research and committed no financial resources for certain adaptation-related policies in Bonaire were assessed negatively. On this basis the Court concluded that the State had breached its positive obligation to sufficiently and in a timely manner, take appropriate adaptation measures in Bonaire. Finally, it found that the State did not fulfil its obligations to provide relevant environmental information to the residents of Bonaire and allow for their participation in climate-related decision making at least until 2023.

The Court found that the State did not provide an adequate justification of the unequal treatment of Bonaire as it related to its inclusion within the Netherland’s overall climate adaptation policy and the commitment of resources for the implementation of adaptation measures. It thus found that the State had breached its obligation of non-discrimination under Article 14 of the ECHR and Article 1 of Protocol 12 to the ECHR.

Order:
Based on the above, the Court partially allowed the plaintiffs’ claim for specific performance against the state and ordered the State to ensure incorporate ‘absolute’ emissions reduction targets compatible with the minimum requirements arising out of COP decisions and the Paris Agreement into its national climate legislation and provide insight into Netherlands’ ‘remaining emission allowance’; to draft and implement an appropriate national adaptation plan that also includes Bonaire; and pay legal costs to the plaintiffs. It rejected the plaintiffs’ requests that the Court order the State to adopt specific emissions reduction targets, and a binding national carbon budget determined in accordance with its fair share of the global carbon budget for 1.5˚C.

In doing so, it held that the State has considerable policy-making discretion in choosing its measures to comply with its international obligations under the UN climate treaties, meaning that the Court ordered the State to take effective measures to fulfil its UN obligations in a timely manner, without issuing any concrete orders as to the measures to be taken, deferring to the other branches of government and the separation of powers in this regard (trias politica).

Appeal:
With a letter dated 10 April 2026, the Dutch government announced that it had decided to appeal this case. The letter (in Dutch) indicates that the government has identified “compelling (legal) reasons to have the ruling reviewed by the Court of Appeal in The Hague”. The government indicates its reservations about the legal framework applied by the district court and the obligations the court derives from decisions of UN climate conferences (COP decisions). The government also contests the court’s finding that emissions from international aviation and maritime shipping must be taken into account when setting national emission reduction targets; according to the government, this does not align with current international practice, under which these emissions are regulated through specialized UN organizations (ICAO and IMO).

The government also noted that it was seeking a motion to stay the provisionally enforceable nature of the ruling, which would otherwise require the government to immediately implement the judgment, even if an appeal is filed, and include absolute emission reduction targets for the entire economy in national targets, including emissions from international aviation and shipping.

The full text of the letter is available for download below.

Further reading:

English translation of the judgment of 28 January 2026:

ECLI_NL_RBDHA_2026_1347Download

Judgment of 28 January 2026 (Dutch):

ECLI_NL_RBDHA_2026_1344Download

Pre-litigation letter of 11 May 2023:

pre-litigation-letter-BonaireDownload

Letter communicating the government’s intention to appeal (10 April 2026):

Brief eerste kamer BonaireDownload

Suggested citation:
The Hague District Court, Greenpeace Netherlands v. State of the Netherlands (Bonaire), Judgment of 28 January 2026, ECLI:NL:RBDHA:2026:1347.

Date last updated:
6 May 2026.

Categories
Adaptation Climate-induced displacement Domestic court Indigenous peoples' rights Kenya Loss & damage Non-discrimination Right to life Right to property

Legal Advice Centre T/A Kituo cha Sheria & Anor v. Attorney General and 7 Others (Iten ELC Petition No. 007 of 2022)

Summary:
In 2022, a case was filed in Kenya on behalf of members of indigenous Ilchamus and Tugen communities living on the shores of Lake Baringo. Due to flooding, Lake Baringo has doubled in size since 2010. The plaintiffs assert that, as residents of the area, they are victims of climate change-related flooding, which in turn has caused displacement, deaths and harm to property. The petitioners allege violations of their constitutional human rights as well as violations of the Kenyan government’s duties under the domestic Climate Change Act. Drawing on a 2021 government report that identified climate change as the main cause of flooding in the area, the plaintiffs seek to — in the words of their lead attorney, Omondi Owino, “enforce the climate change duties of public officials”.

The petitioners’ motion for the Supreme Court of Kenya to create a three-judge Environment and Land Court (ELC) panel to hear the case was allowed. A hearing in the case — which alleges that government officials “failed, refused, or neglected” to “anticipate, prevent, or minimize” the impacts of climate change — was held on 24 October 2023 at the ELC in Iten. Government lawyers have reportedly contested the claims and the plaintiffs’ claims for damages, arguing that Kenya’s contribution to global climate change is minimal.

Suggested citation:
Environment and Land Court (ELC) of Iten, Legal Advice Centre T/A Kituo cha Sheria & Anor v. Attorney General and 7 Others, Petition No. 007 of 2022.