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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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Canada Supreme Court rules declaratory relief may be appropriate in First Nations treaty dispute

JURIST

The Supreme Court of Canada found Friday that the government acted dishonestly when it reneged on an 1877 treaty to an Alberta indigenous community and allowed for declaratory relief. The post Canada Supreme Court rules declaratory relief may be appropriate in First Nations treaty dispute appeared first on JURIST - News.

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Tokyo High Court holds Japan government not liable for Fukushima nuclear disaster

JURIST

Tokyo’s High Court found the government of Japan not liable Tuesday for damages related to the 2011 Fukushima nuclear disaster and associated mass evacuations, leaving responsibility solely with plant operator the Tokyo Electric Power Co. There is also a 2022 court case that found TEPCO executives personally liable.

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Supreme Court rules for NRA in First Amendment dispute

SCOTUSBlog

And in any event, it added, Vullo would have been entitled to immunity because the law governing Vullo’s conduct was not clear. In a 20-page decision issued 10 weeks after the oral argument, the Supreme Court unanimously reinstated the NRA’s claim against Vullo. This article was originally published at Howe on the Court.

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Wisconsin Supreme Court rules state legislative maps are unconstitutional and must be redrawn

JURIST

The three dissenting justices argued that it is primarily the responsibility of the other branches of the state government to redistrict these maps, and it is not the court’s place to do so. This is not the only recent litigation involving electoral maps in the lead-up to the 2024 elections.

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US Supreme Court rules Foreign Intelligence Surveillance Act does not displace state secrets privilege

JURIST

Fazaga , holding that the state secrets privilege used to block the disclosure of information that the government finds harmful to national security is not displaced by the Foreign Intelligence Surveillance Act (FISA). The US Court of Appeals for the Ninth Circuit reversed the district court’s decision in part in 2019.

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Montana court rules in favor of youth plaintiffs in landmark climate trial

JURIST

According to the court: The MEPA Limitation is unconstitutionally contributing to the depletion and degradation of Montana’s environment and natural resources and contributing to Plaintiffs’ injuries. More rulings like this will certainly come. This is a huge win for Montana, for youth, for democracy, and for our climate.