Secretary and Vice Chairperson of the Philippine Climate Change Commission, Emmauel de
Guzman, played in ensuring human rights are a bedrock principle of the Paris Agreement.125
b. Climate Cases and Investigations
There are a number of climate-related legal actions, cases, and investigations that are
similar or relevant to or have a bearing in this Petition. The developments fall into two
categories: (1) legal developments challenging government action or lack thereof concerning
climate policy and practices; and (2) legal developments challenging corporate inaction
concerning climate harm and corporations’ knowledge of the threats of climate change. As
climate law develops and the harms associated with climate change intensify, those harmed will
continue pursue claims using various legal theories, e.g. negligence and product liability, and
rules to assign liability, e.g. market share approach, material contribution test, globally detectable
emissions, significant contribution, co-mingled contribution approaches.126 The following
section provides an overview of recent developments, including the procedural status of the
actions, the claims made, and the dispositions (if applicable). The Petitioners anticipate the
developments in the area of climate law to continue at a rapid pace and will update the
Honorable Commission as necessary and appropriate.
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. Two of these 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
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125
P. Ranada, PH on Paris Climate Pact: Monumental Feat for Humanity, Rappler, Dec. 13, 2015,
http://www.rappler.com/nation/115821-philippines-paris-agreement-climate-change (last accessed on Apr. 19,
2016).
126
See A. Gage and M. Byers, Payback Time: What the Internationalization of Climate Change Litigation Means
for Canadian Oil and Gas Companies, West Coast Environmental Law and Canadian Centre for Policy Alternatives,
at 6, 20-22, Oct. 2014, http://wcel.org/sites/default/files/publications/Payback%20Time.pdf (last accessed on Apr.
19, 2016); A. Gage, Climate Change Litigation and the Public Right to a Healthy Atmosphere, 24 J. ENV. L. &
PRAC. 257 (Nov. 12, 2015).
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