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Litigating Enforcement: Germany’s Contested Climate Governance and the New Wave of Climate Litigation

ClimateChange-ClimateLaw

Climate litigation in Germany has achieved another major victory. On November 30, 2023, the Higher Administrative Court Berlin-Brandenburg ruled in DUH and BUND v. Germany that the federal government must adopt an immediate action program (‘Sofortprogramm’) under the Federal Climate Change Act (CCA).

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Understanding Unsuccessful Climate Litigation: The Spanish Greenpeace Case

ClimateChange-ClimateLaw

The decision, formally communicated to the parties on July 27, marks a pivotal moment in climate litigation. In this case, environmental and human rights organizations, including Greenpeace and Oxfam (“the plaintiffs”), had taken legal action against the Government of Spain, alleging inadequate action on climate change.

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Guest Commentary: An Unexpected Success for Czech Climate Litigation

ClimateChange-ClimateLaw

Guest Commentary: An Unexpected Success for Czech Climate Litigation. On June 15, 2022, the Prague Municipal Court, a first instance administrative court, decided in favor of the plaintiffs in the first Czech strategic climate case ( Klimatická žaloba ?R Eva Balounová *. Introduction.

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Major developments for global climate litigation: the Human Rights Council recognizes the right to a healthy environment and the Committee on the Rights of the Child publishes its decision in an international youth climate case

ClimateChange-ClimateLaw

The last few days saw two major developments in international rights-based climate litigation, with the adoption of a new resolution by the United Nations Human Rights Council (HRC) and a long-awaited decision on a climate case by the Committee on the Rights of the Child (CRC). Recent Developments on rights-based climate litigation.

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Colorado Supreme Court disqualifies Trump from state’s 2024 ballot

JURIST

The Colorado Supreme Court held on Tuesday that former US President Donald Trump is disqualified from holding the office of the presidency and held that he can no longer appear on the state’s Republican primary ballot in the upcoming 2024 presidential race. ” The court’s Tuesday decision was not without dissent, however.

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Shell litigation in the Dutch courts – milestones for private international law and the fight against climate change

Conflict of Laws

As was briefly announced earlier on this blog , on 29 January 2021, the Dutch Court of Appeal in The Hague gave a ruling in a long-standing litigation launched by four Nigerian farmers and the Dutch Milieudefensie. Oil spill in Nigeria and litigation in The Hague courts. Human rights litigation and Rome II.

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Justices grant arbitration case, won’t take up Volkswagen emissions cases

SCOTUSBlog

Concepcion , the Supreme Court ruled that the Federal Arbitration Act requires courts to put arbitration agreements “on an equal footing with other contracts.” On Monday, the court agreed to hear a lawsuit from a fast-food worker who alleges that a lower court treated an arbitration clause too favorably.