Environmental Rights

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This case is a class action filed by Milieudefensie, Greenpeace NL, Fossielvrij NL, Waddenvereniging, Both ENDS, and Young Friends of the Earth NL which sued Defendant Royal Dutch Shell in the District Court of The Hague. Plaintiffs sought a ruling that RDS – parent company to Shell – must reduce its greenhouse gas (GHG) emissions by 45% by 2030 compared to 2019 levels, and to zero by 2050, in line with the Paris Agreement. 

On September 27, 2022, ESCR-Net’s Environment and ESCR Networkwide Project and Strategic Litigation Working Group co- hosted an online discussion on climate and human rights litigation: Ensuring access to international justice for climate-related human rights violations. Members from...

These two cases are part of a group of six cases involving Nigerian farmers seeking compensation for the environmental and livelihood damage they suffered as a result of oil leakages from Shell’s pipelines in the villages of Oruma, Goi, and Ikot Ada Udo.

Indigenous community members from the Lhaka Honhat Association sued Argentina on behalf of 132 Indigenous communities belonging to the Wichí (Mataco), Iyjwaja (Chorote), Komlek (Toba), Niwackle (Chulupí), and Tapy'y (Tapiete) peoples who live on lots with the cadastral registrations 175 and 5557 in the Province of Salta (previously known as and referred to in the case as lots 14 and 55).

The complaint was initiated against GVL in October 2012 before the RSPO. The Complaints Panel’s first decision in the case was on December 13, 2012, finding that the complaints had merit and issuing a Stop Order against GVL. Beginning in 2013, GVL was required to file quarterly reports on its activities in Liberia, including its efforts to improve its operations and to comply with later decisions from the RSPO.

Supreme Court of the Netherlands Orders State to Reduce Greenhouse Gases by at Least 25% by 2020, Compared to 1990 Levels

The claimant in this case is the Ministry of Economic Affairs and Climate Policy of the State of the Netherlands (the State), who appealed in cassation from the Court of Appeal’s ruling in favor of Stichting Urgenda (Urgenda), an organization working to combat climate change.

UN Human Rights Committee Finds Right to Life Violation Due to Massive Crop Fumigation in Paraguay

On January 6, 2011, farmer Ruben Portillo died in transit from a hospital after experiencing severe nausea and fever, allegedly because of his intake of agrochemicals (pesticides and insecticides). Twenty-two other members of Colonia Yeruticreadaen (“Colonia”), in the Curuguaty District of Paraguay, were affected by similar symptoms at the same time.

UK Supreme Court Upholds Jurisdiction over UK Parent Company in Connection with Zambian Subsidiary Misconduct

The claimants in this action are 1,826 citizens of Zambia from four different communities in the Chingola District. The claimants allege harms to their health and ability to farm due to pollution of their sole water source from activities at the Nchanga Copper Mine. The defendants are Konkola Copper Mines (KCM), owner and operator of the mine, and Vedanta Resources PLC (Vedanta), ultimate UK parent company of KCM.

Landmark Ruling Restricts Immunity of the International Finance Corporation of the World Bank Group

At the founding of international organizations like the IFC, United Nations, and International Monetary Fund at the close of World War II, the U.S. Congress passed the International Organizations Immunities Act of 1945 that granted these international organizations the "same immunity from suit . . . as is enjoyed by foreign governments,” although organizations could limit or expand immunity in their charters. From 1945-1952, courts followed the Department of State view that because foreign governments had absolute immunity, so should the international organizations.