CHR-NI-2016-0001 Supplementary Memorandum by Resource Person, Katherine Lofts
Nature and Youth (Young friends of the Earth Norway) and Greenpeace Nordic filed
a lawsuit against the Norwegian government for granting new oil and gas drilling
licenses in the Arctic Barents Sea. The plaintiffs argue that this decision cannot be
reconciled with Norway’s ratification of the Paris climate agreement, and that it
violates the right to a safe and healthy environment for current and future generations
under the Norwegian Constitution.
The Oslo District Court ruled in favour of the Norwegian Government on 4 January,
2018; however, the environmental groups have appealed the decision. Their appeal
will be heard by the Court of Appeal.
(12) Future Generations v. Ministry of the Environment and Others
Filing date: 2018
Reporter information: 11001 22 03 000 2018 00319 00
Status: Decided
Jurisdiction: Colombia
A group of 25 youth plaintiffs sued several bodies within the Colombian
government, Colombian municipalities, and a number of corporations. The plaintiffs
alleged that climate change, as well as the government's failure to reduce
deforestation, threaten their fundamental rights, including the rights to a healthy
environment, life, health, food, and water. The plaintiffs filed a special constitutional
claim called a tutela used to enforce fundamental rights.
The lower court ruled against the plaintiffs. However, on April 5, 2018, the Supreme
Court reversed the lower court’s decision, recognizing that the fundamental rights
of life, health, minimum subsistence, freedom, and human dignity are substantially
linked to the environment and the ecosystem. The Supreme Court ordered the
government to, inter alia, formulate and implement action plans to address
deforestation in the Amazon, tackling climate change impacts, and develop Land
Management Plans oriented towards climate change adaptation.
(13) Armando Ferrão Carvalho and Others v. The European Parliament and
the Council
Filing Date: 2018
Reporter information: Case no. T-##/18
Status: Application Submitted
Jurisdiction: European Union (General Court)
Ten families from Portugal, Germany, France, Italy, Romania, Kenya, Fiji, and the
Swedish Sami Youth Association Sáminuorra, have brought an action in the
European Union General Court seeking to compel the EU to make more stringent
greenhouse gas emissions reductions. They allege that the EU’s existing target is
insufficient to avoid dangerous climate change and that it therefore threatens
plaintiffs’ fundamental rights of life, health, occupation, and property.
(14) Plan B Earth v. Secretary of State for Transport
Filing date: 2018
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