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
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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
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