Amicus Curiae Brief presented by
ClientEarth
21 November 2016
relating thereto, including the impact, direct or indirect, of any human activity
on the environment and to disseminate the useful results of such research.
3. ClientEarth has developed specialist expertise in public interest environmental
litigation, successfully bringing proceedings against the UK government for violations
of European Union law regulating air quality,2 a complaint against the European
Commission for compliance with the UNECE Aarhus Convention,3 and undertaking
successful litigation in respect of coal fired power across Europe.
4. ClientEarth also frequently provides legal analysis and recommendations to
policymakers in European institutions and directly to the governments of European
Union (EU) member states, in relation to environmental and energy legislation and
regulation. Since 2015, ClientEarth has been advising the Chinese Supreme
People’s Court in relation to the development of court rules for the implementation of
its new Environmental Protection Law of 2014.4
5. ClientEarth has also conducted detailed legal research in the emerging field of
‘climate change litigation’, which encompasses legal and quasi-legal actions that
relate to the mitigation of greenhouse gas emissions, adaptation to the physical
effects of climate change and remedies for loss and damage caused by climate
change. ClientEarth lawyers participated in the Climate Change Symposium
‘Adjudicating the Future’ held in London in September 2015, which brought together
2
ClientEarth, R (on the application of) v Secretary of State for the Environment, Food and Rural Affairs [2015] UKSC 28 (29 April 2015); ClientEarth
(No.2) v Secretary of State for the Environment, Food and Rural Affairs [2016] EWHC 2740 (Admin) (02 November 2016).
3
Communication ACCC/C/2008/32 (Part II) concerning compliance by the European Union, submitted by ClientEarth to the Aarhus Compliance
Committee, see details at http://www.documents.clientearth.org/library/download-info/draft-findings-and-recommendations-of-the-compliancecommittee-with-regard-to-communication-acccc200832-part-ii-concerning-compliance-by-the-european-union/
4
This unique Chinese law gives new rights to civil society groups to bring public interest environmental litigation against private polluters who violate
environmental law.
4