Climate Change Litigation and the Individual: An Overview

Sindico, Francesco; Mbengue, Makane Moïse; McKenzie, Kathryn

doi:10.1007/978-3-030-46882-8_1

Cited by 6 publications

(6 citation statements)

References 19 publications

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“…24 He submitted that he had been suffering from health problems since 2003 and that his problems had worsened over time. 25 The limit values for ambient air quality have been exceeded in the relevant Paris agglomeration, person claiming the compensation knows, or can reasonably be expected to know, that he or she suffered damage from a violation as referred to in paragraph 1.= 21 European Commission 2022b. See Chapter 5.…”

Section: The Request For a Preliminary Ruling In Case C-61/21mentioning

confidence: 99%

State liability for health damage caused by excessive air pollution: Constitutinal and Private Law aspects

Lutman,

Strojan

2023

JAEL

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Air pollution severely damages human health and causes premature deaths. In order to fight against it, the European Commission initiated a revision of the Ambient Air Quality Directives aiming to improve the quality of outdoor air and to reach the Zero Pollution goal. However, the CJEU is already facing requests for a preliminary ruling dealing with state liability for health damage caused by excessive air pollution. The old common law maxim <The King does no wrong= according to which a citizen may not seek redress from the government for wrongs committedmby the latter has long been surpassed. The institution of state liability is thus a widely recognised concept. The paper analyses the main features of state liability for health damage caused by polluted air and its boundaries. It focuses on the recent development of EU law in this regard and the established case law of the ECtHR. Since the right to a healthy living environment is recognised by several constitutions across the world, including Slovenia, the paper deals also with the Slovenian case law on state liability for damages caused by air and noise pollution from road and rail transport.

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Section: The Request For a Preliminary Ruling In Case C-61/21mentioning

confidence: 99%

State liability for health damage caused by excessive air pollution: Constitutinal and Private Law aspects

Lutman,

Strojan

2023

JAEL

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“…On 8 January 2019, the State further ap-pealed to the Netherlands Supreme Court, 23 which, on 20 December 2019, rejected this appeal. 24 A similar case-inspired by the Urgenda judgment-is VZW Klimaatzaak v. Kingdom of Belgium. 25 In this case, the plaintiffs alleged that Belgian law required the government to adopt more ambitious climate mitigation goals than it had previously done based on the Article 1382 of the Belgian Civil Code.…”

Section: Actions Against Governmentsmentioning

confidence: 99%

“…Namely, in Commune de Grande-Synthe v. France, the Council of State (France's highest administrative court) ruled that the French government had failed 23 Van Berkel, [3]. 24 Supreme Court of the Netherlands, ECLI:NL:HR:2019:2007 para. 9, Available at: https://www.urgenda.…”

Section: Actions Against Governmentsmentioning

confidence: 99%

“…In general, the perception of climate change (like many other environmental problems) is enormously difficult, as it is impossible for (human) beings to see or experience "global warming" as such. 60 Although, increasingly frequently over the years, 55 Sindico, Mbengue and McKenzie [24], p. 12. 56 Setzer and Higham [23], p. 25.…”

Section: Challenges In Climate Change Litigation In Europementioning

confidence: 99%

“…nl/inziendocument?id=ECLI:NL:RBDHA:2021:5339.47 Action en justice contre Total, Notre Affaire à Tous 2020, available at: https://notreaffaireatous. org/actions/les-territoires-qui-se-defendent-et-si-nous-mettions-enfin-les-entreprises-face-a-leursresponsabilites/.48 Sindico, Mbengue and McKenzie[24], pp. 9-17.…”

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Editorial: a short history of the climate change litigation boom across Europe

Pouikli

2021

ERA Forum

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The aim of this paper is to map the most significant milestones in the emergence and development of climate change litigation in Europe. The climate crisis has arrived at the epicentre of the global political agenda and the EU aspires to have a leading role in the efforts to deal with global warming. Along with EU climate action, the number of climate-related court cases on the European landscape, both at regional and domestic level, is constantly on the increase. In this context, this paper unpacks the main elements of the landmark climate rulings across Europe as well as the key challenges relating to climate litigation.

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The Zero-Carbon Energy Transition and the Competence of the EU

Iliopoulos

2022

Palgrave Studies in Energy Transitions

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Climate Change Litigation and the Individual: An Overview

Cited by 6 publications

References 19 publications

State liability for health damage caused by excessive air pollution: Constitutinal and Private Law aspects

State liability for health damage caused by excessive air pollution: Constitutinal and Private Law aspects

Editorial: a short history of the climate change litigation boom across Europe

The Zero-Carbon Energy Transition and the Competence of the EU

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