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94 documents from ClimaTalk
Emma Johanna Kiehm, et al. v State of Brandenburg
Ten youths challenged the State of Brandenburg for failing to set climate protection goals and emission reduction paths, arguing this violated German constitutional law and endangered future generations. The Federal Constitutional Court rejected the claims on 18 January 2022, ruling that it was not possible to determine the extent of the state legislature's power to prevent future rights violations, noting a lack of federal specifications on state-level emission budgets and the limited influence of states in climate protection areas managed by the federal government.
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Document type: Legal commentary
Reynolds v. State of Florida
Eight young people sued the State of Florida, arguing that the state's fossil fuel-based energy system violated their constitutional rights to life, liberty, property, and the pursuit of happiness. The plaintiffs claimed that human-caused carbon dioxide concentrations would impair vital natural resources and discriminately harm current and future generations. Both the Circuit Court for the Second Judicial Circuit and the First District Court of Appeal dismissed the complaint, ruling that the issues were non-justiciable political questions that must be resolved by the political branches of government rather than the judiciary, citing the separation of powers doctrine.
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Document type: Legal commentary
Marlene Lemme, et al. v. State of Bayern
Ten youth plaintiffs challenged the State of Bavaria's climate legislation, arguing that inadequate greenhouse gas reduction pathways violated their constitutional rights to freedom, life, and physical integrity. The Federal Constitutional Court of Germany rejected the claims on 18 January 2022, ruling that it was not possible to determine the specific extent of the state legislature's power to prevent future rights violations, partly because the federal government had not provided specific requirements for state-level emission reductions.
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Document type: Case study
Aji P. v. State of Washington
The case Aji P. v. State of Washington involved a constitutional complaint by youth petitioners who argued that Washington's reliance on fossil-fuel-based energy and transportation systems infringed upon their "fundamental right to a healthful and pleasant environment". The claim was dismissed by the King County Superior Court and the Washington Court of Appeal, and the Supreme Court of Washington ultimately denied the petition for review without providing reasons. However, Chief Justice Steven Charles González dissented, arguing that the court should have decided whether climate change impacts are remediable under state law and that the lower court had "unnecessarily expand[ing] the political question doctrine".
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Document type: Legal commentary
Kanuk, et al. v. State of Alaska
Six Alaskan children sued the State of Alaska, arguing that the state's failure to limit greenhouse gas emissions violated the public trust duty established in Art. VIII of the Alaska Constitution. The Superior Court of Alaska dismissed the case in 2012, ruling it non-justiciable as it involved political questions. The Supreme Court of Alaska affirmed the dismissal in 2014, though it differed in reasoning, concluding that a declaratory judgment would not settle the dispute as it would have no impact on the state's conduct or emissions.
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Document type: Legal commentary
Do-Hyun Kim et al. v. South Korea
The document details the case of Do-Hyun Kim et al. v. South Korea, where 19 members of 'Youth4ClimateAction' challenged the constitutionality of the Framework Act on Low Carbon, Green Growth. The applicants argue that the government's failure to maintain sufficient greenhouse gas (GHG) reduction targets violates rights to human dignity, equality, and a healthy environment. Specifically, they contest the President's authority to modify targets via decree, claiming it constitutes an unconstitutional 'blanket delegation' of power and fails to meet the minimum protective measures required to mitigate climate change impacts, which are noted to be particularly severe in South Korea.
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Document type: Legal commentary
Whom do they protect? Security frames in military climate strategies
The research analyzes the Climate Security Strategies of eight Western national militaries, finding that these documents predominantly frame climate security as a matter of national security. The analysis reveals that military responses focus on adapting the military apparatus to protect the state and ensure mission success, often prioritizing national objectives over human and ecological security. Furthermore, the study finds that vulnerable groups in the global south are frequently framed as threats rather than as victims of climate change, which can lead to security measures that further harm these populations.
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Document type: Research paper
Exploring the impact of arts engagement on climate anxiety and to mobilise climate action in young people
The study examines the role of arts engagement in addressing climate anxiety and mobilising action among young people. Using a qualitative mixed-method approach and inductive thematic analysis, the research found that arts engagement positively impacts self-efficacy, climate hope, and mobilisation by providing a medium for expression and processing. The author suggests that both climate and arts organisations can leverage these findings to support young people in coping with climate-related emotions.
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Document type: Research paper
SB60 | BONN CLIMATE CHANGE CONFERENCE 2024
The document details the role of Action for Climate Empowerment (ACE) at the SB60 conference in Bonn, highlighting an expert dialogue on children and climate change, the identification of implementation challenges, and the goal of scaling up the involvement of civil society and marginalised groups to inform the annual summary report for COP29.
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Document type: Policy brief
UAE Just Transition Work Programme (J TWP)
The UAE Just Transition Work Programme (JTWP), established at COP27, aims to support countries in creating climate-resilient futures and reducing inequality through a people-centred approach to climate action. In 2024, the programme conducted two dialogues: one in June at SB60 in Bonn regarding transition pathways via NDCs, NAPs, and LT-LEDs, and another in October in Sharm-el-Sheikh focusing on a whole-of-society approach and the workforce. The upcoming high-level ministerial round table at COP29 on 18 November 2024 will focus on advancing just transition pathways within the context of the next NDCs due in 2025.
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Document type: Fact sheet
What are NDCs?
NDCs are bottom-up climate strategies submitted every five years to the UNFCCC, focusing on short-term emission reductions and adaptation. While they allow countries to tailor plans to their specific capacities, they lack legal binding and sufficient ambition; current pledges would result in 2.7°C of warming. The document emphasizes the 2020-2030 period as the 'decisive decade' and highlights the 2023 Global Stocktake at COP28 as a critical moment for increasing accountability and ambition before the 2025 NDC updates.
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Document type: Fact sheet
Held v State of Montana
The Montana District Court ruled in favor of sixteen youth claimants, finding that the 'Climate Change Exception' in the Montana Environmental Policy Act (MEPA) is unconstitutional because it violates the claimants' fundamental right to a clean and healthful environment. The court determined that Montana's greenhouse gas emissions, linked to the MEPA limitation, are a substantial factor in causing climate impacts in the state. While the court granted declaratory relief, it dismissed claims for injunctive relief, such as a remedial climate plan, citing the political question doctrine.
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Document type: Case study
Sagoonick v. Alaska (on appeal from Sinnok v. Alaska)
The document details the case of Sagoonick v. Alaska, where the Alaskan Supreme Court upheld a lower court's dismissal of a claim by 16 young Alaskans. The plaintiffs had petitioned the Alaska Department of Environmental Conservation to reduce carbon emissions to 85% below 1990 levels by 2050. The court ruled that the claims for injunctive relief were non-justiciable political questions and that declaratory relief was inappropriate on prudential grounds. A dissenting opinion argued that the Public Trust doctrine provides a right to a liveable climate.
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Document type: Legal commentary
Urgenda Foundation v. The State of the Netherlands
The Urgenda Foundation successfully sued the State of the Netherlands, resulting in a final Supreme Court ruling that the government must reduce greenhouse gas emissions by at least 25% by the end of 2020 relative to 1990 levels. The courts determined that while the state has discretionary power, it has a duty of care to protect its citizens from the dangers of climate change, and its previous 20% target was insufficient and lacked scientific justification. The judiciary rejected the government's arguments regarding the separation of powers, ruling that the order did not mandate specific legislation but rather a result that the state is free to achieve through various means.
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Document type: Legal commentary
Alena Hochstadt, et al. v. State of Hessen
Ten youth claimants filed a complaint against the State of Hessen in September 2021, arguing that the lack of a contemporary climate legislature and specific greenhouse gas reduction paths violated their fundamental rights and future freedoms. They contended that the state failed to implement measures to achieve carbon neutrality by 2045 and did not specify permissible emission quantities. On 18 January 2022, the Federal Constitutional Court dismissed the case, ruling that there was no violation of the claimants' rights under the Basic Law, noting that federal law's sectoral control approach made vertical coordination between the federal government and states less critical.
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Document type: Case study
Bonn Climate Change Conference 2023 SB58 Topic Summaries
The document outlines the outcomes of the SB58 conference, noting a failure to agree on a host for the Santiago Network secretariat, ongoing technical discussions regarding carbon markets under Article 6, and the need for increased climate finance for developing nations. It also highlights the push to integrate ocean-based climate action into NDCs and the need for clearer timelines and human rights language in the Action for Climate Empowerment (ACE) framework.
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Document type: Briefing
What is commercial environmental law: a UK case study
The document defines commercial environmental law as the regulatory framework businesses must follow to protect the environment, specifically within the UK context. It highlights the UK Climate Change Act 2008's target of net zero carbon emissions by 2050 and discusses the implementation of the polluter pays and precautionary principles through regulations such as the Environmental Damage (Prevention and Remediation) (England) Regulations 2015 and the UK Town and Country Planning Regulations 2015. The author notes challenges in applying these principles, including corporate efforts to hide damage and the tendency for economic pursuits to take priority over environmental ethics.
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Document type: Case study
Pre-COP27 Analysis: Gender-Responsive Climate Policy
The document highlights the disproportionate impact of climate hazards on women, particularly those in marginalized communities, and argues that women's participation in decision-making leads to more effective climate-resilient policies. It reviews the Lima Work Programme on Gender and specific pledges from COP26, such as the UK's £165 million commitment to address inequalities, while calling for stricter implementation of gender-related goals during COP27.
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Document type: Briefing
Pre-COP27 Analysis: A Focus on Biodiversity
The document analyzes the momentum behind the 30x30 goal to protect 30% of the world's land and marine areas by 2030, noting the roles of the High Ambition Coalition for Nature and People and the Global Ocean Alliance. It highlights the influence of the UN Ocean Conference and the upcoming CBD COP15 on COP27, suggesting that while the 30x30 framework will be settled after COP27, the summit may see new country commitments and policies regarding forests and marine resources.
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Document type: Briefing
Urgenda against the State of the Netherlands
The Urgenda vs the Netherlands case resulted in a court order for the Dutch state to reduce greenhouse gas emissions by at least 25% by 2020 compared to 1990 levels. The litigation navigated legal obstacles such as the principle of causation and the separation of powers, ultimately establishing that the state failed its duty of care. While the District Court relied on the Dutch Civil Code and hazardous negligence, the Court of Appeal and Supreme Court grounded the decision in the positive obligation to protect human rights, specifically Articles 2 and 8 of the European Convention on Human Rights.
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Document type: Legal commentary