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12-29-2017, 06:00 AM
NEW YORK: A clutch of high-profile legal cases over responsibility for the effects of climate change will be fought out in courtrooms next year as claims stack up against both governments and some of the world?s biggest oil and energy companies.
Lawsuits in the United States brought by young activists and several Californian cities are most likely to make waves, but legal action by a Peruvian farmer in Germany and Greenpeace in Norway could also cause ripples, said lawyers and academics.
?There is a trend towards more litigation around climate change, and probably the lack of political action in the United States may increase that trend,? said Sophie Marjanac, a London-based lawyer at non-profit environmental law group ClientEarth.
?Where there?s an abdication of leadership on climate action, I think the courts will have a greater role to play,? she told the Thomson Reuters Foundation. Lawyers and campaigners are closely watching the looming legal battles they say could set the stage for fresh claims against major oil and industrial companies, and pressure governments to ramp up action on climate change.
With US President Donald Trump and his cabinet members named as defendants, the Juliana v. United States case brought by 21 young activists from Oregon is set to be one of the most closely followed in 2018.In the federal case, scheduled for trial in February, the plaintiffs hope to establish that the government?s climate change policies have failed to protect their constitutional right to live in a habitable environment. The case remains locked in legal limbo, however, as the government tries to block it from proceeding. Lawyers and academics say Juliana builds on the groundbreaking Urgenda case brought by hundreds of Dutch citizens in 2015, which saw the government ordered by a district court to accelerate reductions of greenhouse gas emissions.However, that outcome is now being appealed, with a decision likely early next year. Elsewhere, a January judgment is expected in a case brought by Greenpeace Nordic and environmental group Nature and Youth against Norway, which they claim has breached its pledge to combat climate change by granting oil and gas exploration rights.
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Lawsuits in the United States brought by young activists and several Californian cities are most likely to make waves, but legal action by a Peruvian farmer in Germany and Greenpeace in Norway could also cause ripples, said lawyers and academics.
?There is a trend towards more litigation around climate change, and probably the lack of political action in the United States may increase that trend,? said Sophie Marjanac, a London-based lawyer at non-profit environmental law group ClientEarth.
?Where there?s an abdication of leadership on climate action, I think the courts will have a greater role to play,? she told the Thomson Reuters Foundation. Lawyers and campaigners are closely watching the looming legal battles they say could set the stage for fresh claims against major oil and industrial companies, and pressure governments to ramp up action on climate change.
With US President Donald Trump and his cabinet members named as defendants, the Juliana v. United States case brought by 21 young activists from Oregon is set to be one of the most closely followed in 2018.In the federal case, scheduled for trial in February, the plaintiffs hope to establish that the government?s climate change policies have failed to protect their constitutional right to live in a habitable environment. The case remains locked in legal limbo, however, as the government tries to block it from proceeding. Lawyers and academics say Juliana builds on the groundbreaking Urgenda case brought by hundreds of Dutch citizens in 2015, which saw the government ordered by a district court to accelerate reductions of greenhouse gas emissions.However, that outcome is now being appealed, with a decision likely early next year. Elsewhere, a January judgment is expected in a case brought by Greenpeace Nordic and environmental group Nature and Youth against Norway, which they claim has breached its pledge to combat climate change by granting oil and gas exploration rights.
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