Related Research Articles
Earthjustice is a nonprofit public interest organization based in the United States dedicated to litigating environmental issues. Headquartered in San Francisco, they have an international program, a communications team, and a policy and legislation team in Washington, D.C., along with 14 regional offices across the United States.
The Alien Tort Statute, also called the Alien Tort Claims Act (ATCA), is a section in the United States Code that gives federal courts jurisdiction over lawsuits filed by foreign nationals for torts committed in violation of international law. It was first introduced by the Judiciary Act of 1789 and is one of the oldest federal laws still in effect in the U.S.
Northern Insurance Company of New York v. Chatham County, 547 U.S. 189 (2006), is a United States Supreme Court case addressing whether state counties enjoyed sovereign immunity from private lawsuits authorized by federal law. The case involved an admiralty claim by an insurer against Chatham County, Georgia for its negligent operation of a drawbridge. The Court ruled unanimously that the county had no basis for claiming immunity because it was not acting as an "arm of the state."
Massachusetts v. Environmental Protection Agency, 549 U.S. 497 (2007), is a 5–4 U.S. Supreme Court case in which Massachusetts, along with eleven other states and several cities of the United States, represented by James Milkey, brought suit against the Environmental Protection Agency (EPA) represented by Gregory G. Garre to force the federal agency to regulate the emissions of carbon dioxide and other greenhouse gases (GHGs) that pollute the environment and contribute to climate change.
Feres v. United States, 340 U.S. 135 (1950), combined three pending federal cases for a hearing in certiorari in which the Supreme Court of the United States held that the United States is not liable under the Federal Tort Claims Act for injuries to members of the armed forces sustained while on active duty and not on furlough and resulting from the negligence of others in the armed forces. The opinion is an extension of the English common-law concept of sovereign immunity.
Kivalina v. ExxonMobil Corp., No. 4:08-cv-01138, is a lawsuit filed on February 26, 2008, in a United States district court. The suit, based on the common law theory of nuisance, claims monetary damages from the energy industry for the destruction of Kivalina, Alaska by flooding caused by climate change. The damage estimates made by the U.S. Army Corps of Engineers and the Government Accountability Office are placed between $95 million and $400 million. This lawsuit is an example of greenhouse gas emission liability.
Browning-Ferris Industries v. Kelco Disposal, 492 U.S. 257 (1989), was a case in which the Supreme Court of the United States held that the Eighth Amendment's prohibition of unreasonable fines does not apply to punitive-damage awards in civil cases when the United States is not a party.
Doe v. Unocal, 395 F.3d 932, opinion vacated and rehearing en banc granted, 395 F.3d 978, was a lawsuit filed against Unocal for alleged human rights violations.
Oneida Indian Nation of New York v. County of Oneida, 414 U.S. 661 (1974), is a landmark decision by the United States Supreme Court concerning aboriginal title in the United States. The original suit in this matter was the first modern-day Native American land claim litigated in the federal court system rather than before the Indian Claims Commission. It was also the first to go to final judgement.
American Electric Power Company v. Connecticut, 564 U.S. 410 (2011), was a United States Supreme Court case in which the Court, in an 8–0 decision, held that corporations cannot be sued for greenhouse gas emissions (GHGs) under federal common law, primarily because the Clean Air Act (CAA) delegates the management of carbon dioxide and other GHG emissions to the Environmental Protection Agency (EPA). Brought to court in July 2004 in the Southern District of New York, this was the first global warming case based on a public nuisance claim.
Juliana, et al. v. United States of America, et al. was a climate-related lawsuit filed in 2015 by 21 youth plaintiffs against the United States and several executive branch officials. Filing their case in the United States District Court for the District of Oregon, the plaintiffs, represented by the non-profit organization Our Children's Trust, include Xiuhtezcatl Martinez, the members of Martinez's organization Earth Guardians, and climatologist James Hansen as a "guardian for future generations". Some fossil fuel and industry groups initially intervened as defendants but later requested to be dropped following the 2016 presidential election, stating that the case would be well defended under the new administration.
Climate change litigation, also known as climate litigation, is an emerging body of environmental law using legal practice to set case law precedent to further climate change mitigation efforts from public institutions, such as governments and companies. In the face of slow climate change politics delaying climate change mitigation, activists and lawyers have increased efforts to use national and international judiciary systems to advance the effort. Climate litigation typically engages in one of five types of legal claims: Constitutional law, administrative law, private law (challenging corporations or other organizations for negligence, nuisance, etc., fraud or consumer protection, or human rights.
Our Children's Trust is an American nonprofit public interest law firm based in Oregon that has filed several lawsuits on behalf of youth plaintiffs against state and federal governments, arguing that they are infringing on the youths' rights to a safe climate system.
State of the Netherlands v Urgenda Foundation (2019) is climate change litigation heard by the Supreme Court of the Netherlands related to government efforts to curtail carbon dioxide emissions. The case was brought against the Dutch government in 2013, arguing the government, by not meeting a minimum carbon dioxide emission-reduction goal established by scientists to avert harmful climate change, was endangering the human rights of Dutch citizens as set by national and European Union laws.
Todd W. Eddins is an American lawyer who has served an associate justice of the Hawaii Supreme Court since 2020. He previously served as a judge of the O'ahu First Circuit Court of Hawaii from 2017 to 2020.
BP P.L.C. v. Mayor and City Council of Baltimore, 593 U.S. ___ (2021), was a case in the United States Supreme Court dealing with matters of jurisdiction of various climate change lawsuits in the United States judicial system.
Milieudefensie v Royal Dutch Shell (2021) is a human rights law and tort law case heard by the district court of The Hague in the Netherlands in 2021 related to efforts by several NGO's to curtail carbon dioxide emissions by multinational corporations. It was brought by the Dutch branch of Friends of the Earth and a group of other NGO's against the oil corporation, Shell plc. In May 2021, the court ordered Shell to reduce its global carbon emissions from its 2019 levels by 45% by 2030, relating not only to the emissions from its operations, but also those from the products it sells. It is considered to be the first major climate change litigation ruling against a corporation.
West Virginia v. Environmental Protection Agency, 597 U.S. 697 (2022), is a landmark decision of the U.S. Supreme Court relating to the Clean Air Act, and the extent to which the Environmental Protection Agency (EPA) can regulate carbon dioxide emissions related to climate change.
Lliuya v RWE AG (2015) Case No. 2 O 285/15 is a German tort law and climate litigation case, concerning liability for climate damage in Peru from a melting glacier, against Germany's largest coal burning power company, RWE, which has caused approximately 0.47% of all historic greenhouse gas emissions. It is currently on appeal in the Upper State Court, Oberlandesgericht Hamm.
Smith v Fonterra Co-Operative Group Ltd [2024] NZSC 5 is a landmark New Zealand tort law case, concerning liability of major fossil fuel polluters for climate damage. The NZ Supreme Court held that polluting companies could be liable in tort to pay damages from global warming and rising sea levels to people whose coastal property is damaged, overturning courts below.
References
- 1 2 "Sunoco LP v. City and County of Honolulu, Hawaii". SCOTUSblog. Retrieved 2024-06-17.
- 1 2 3 "Lower courts opinion for the Sunoco v. Hawaii (2024)" (PDF). Supreme Court of the United States.