b.1. Challenges to Government Actions or Lack Thereof Concerning Climate Policy and Practices In the Netherlands and the United States, there are three cases that are relevant to this Petition. The cases are still ongoing but may already provide some useful insight to climate claims touching upon human rights. b.1.1. State Negligence: Urgenda Foundation v. The State of the Netherlands On June 24, 2016, the Hague District Court ruled in favour of the Urgenda Foundation, an NGO representing 886 individuals, ordering the State of the Netherlands (State) to take more stringent action to avert the imminent danger caused by climate change. The Court ordered the State to ensure that Dutch emissions in the year 2020 be at least 25% lower than those in 1990.127 The State has appealed the verdict.128 The issue in the case was whether the State committed the tort of negligence against its citizens by taking insufficient measures to prevent dangerous climate change.129 In order to determine the State’s duty of care towards its citizens, the Court analyzed the Constitution, the no harm principle, the UNFCCC, European Union law, and European human rights laws, and it also looked at case law involving hazardous negligence.130 Ultimately, the Court concluded that “[d]ue to the severity of the consequences of climate change and the great risk of hazardous climate change occurring, without mitigating measures, the State has a duty of care to take mitigation measures to protect its citizens.”131 !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! 127 Urgenda Verdict, supra note 85, at Inhoudsindicatie.. Government of the Netherlands, Cabinet Begins Implementation of Urgenda Ruling But Will File Appeal, Sept 1, 2016, https://www.government.nl/latest/news/2015/09/01/cabinet-begins-implementationof-urgenda-ruling-but-will-file-appeal (last accessed on Apr. 19, 2016). 129 Roger Cox, A Climate Change Litigation Precedent: Urgenda Foundation v. The State of the Netherlands, CIGI Paper No. 79, Nov. 2015, https://www.cigionline.org/sites/default/files/cigi_paper_79.pdf (last accessed on Apr. 19, 2016). 130 Urgenda Verdict, supra note 85, at 4.36, 4.52, 4.53. 131 Id. at 4.83. 128 ! ! ! ! ! 50 !