Climate Change Litigation: German Family Farmers and Urgenda - Similar Cases, Differing Judgments
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In: Journal for European Environmental & Planning Law, Vol. 17, No. 3, 10.07.2020, p. 322-332.
Research output: Journal contributions › Journal articles › Research › peer-review
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RIS
TY - JOUR
T1 - Climate Change Litigation
T2 - German Family Farmers and Urgenda - Similar Cases, Differing Judgments
AU - Schomerus, Thomas
PY - 2020/7/10
Y1 - 2020/7/10
N2 - In the Dutch Urgenda and the German Family Farmers' cases, the claimants sued the state to reduce greenhouse gas emissions by 2020, according to their national programmes. On the Dutch side, the claimants won in three instances up to the Supreme Court, while they lost at the German Administration Court of Berlin. A main factual difference between the two situations is that in the Netherlands, the Dutch government had, to a certain extent, withdrawn from its initial positions on climate policy. The judgments show that climate change litigation is necessary to gain progress towards a greater understanding of state institution roles in addressing the global threat of climate change, culminating in a better fulfilment of climate change goals.
AB - In the Dutch Urgenda and the German Family Farmers' cases, the claimants sued the state to reduce greenhouse gas emissions by 2020, according to their national programmes. On the Dutch side, the claimants won in three instances up to the Supreme Court, while they lost at the German Administration Court of Berlin. A main factual difference between the two situations is that in the Netherlands, the Dutch government had, to a certain extent, withdrawn from its initial positions on climate policy. The judgments show that climate change litigation is necessary to gain progress towards a greater understanding of state institution roles in addressing the global threat of climate change, culminating in a better fulfilment of climate change goals.
KW - Climate Change Act
KW - climate change goals
KW - climate change litigation
KW - human rights
KW - Urgenda
KW - Law
UR - http://www.scopus.com/inward/record.url?scp=85092024134&partnerID=8YFLogxK
U2 - 10.1163/18760104-01703005
DO - 10.1163/18760104-01703005
M3 - Journal articles
AN - SCOPUS:85092024134
VL - 17
SP - 322
EP - 332
JO - Journal for European Environmental & Planning Law
JF - Journal for European Environmental & Planning Law
SN - 1613-7272
IS - 3
ER -