The Urgenda verdict may provide important insights for the instant
Petition because of how the Court treated two issues – causation and
damages - that commonly arise in climate claims. First, the Dutch Court
found there to be a sufficient causal link between the country’s greenhouse
gas (GHG) emissions, global climate change, and the current and future
effects on the “Dutch living climate.”132 Even though the country is not a
major carbon polluter, the Court reasoned that the country’s emissions have
and will continue to contribute to climate change.133 In this proceeding
before the CHR, the Petitioners anticipate the Respondent Carbon Majors
will argue that there are thousands of sources of GHG emissions; therefore
individual carbon producers should not be held responsible. Similar to the
finding against the Dutch State, the Respondents produce carbon, that when
used, has and will continue to contribute to climate change, unless the
companies put in place mitigation measures. As discussed above, the Carbon
Majors publications are helpful in determining each company’s measureable
contribution to climate change.
Second, the Court’s handling of the issue of establishing climate
damages is relevant to this Petition. The court stated:
It is an established fact that climate change is
occurring partly due to the Dutch greenhouse gas
emissions. It is also an established fact that the
negative consequences are currently being
experienced in the Netherlands, such as heavy
precipitation, and that adaptation measures are
already being taken to make the Netherlands
“climate-proof”. Moreover, it is established that if
the global emissions, partly caused by the
Netherlands, do not decrease substantially,
hazardous climate change will probably occur. In
the opinion of the court, the possibility of damages
for those whose interests Urgenda represents,
including current and future generations of Dutch
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132
133
Id. at 4.90
Id. at 4.90
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