CHR-NI-2016-0001 Supplementary Memorandum by Resource Person, Katherine Lofts
Reporter information: CO/3149/2018
Status: Filed
Jurisdiction: United Kingdom (England & Wales, High Court of Justice, Queen’s
Bench Division)
This lawsuit was filed by the charity Plan B Earth against the Secretary of State for
Transport over the expansion of Heathrow International Airport. The claimants
allege that the Secretary’s national policy statement supporting the expansion of
Heathrow Airport violated Section 10 of the Planning Act 2008, which requires the
Secretary to pursue the objective of sustainable development and to consider the
desirability of mitigating and adapting to climate change. They allege that the
Planning Act also gives rise to implicit obligations to consider the government’s
obligations under the Paris Agreement. In addition, the claimants allege that the
Secretary’s actions violate the Equality Act 2010 and the Human Rights Act 1998.
Claimants seek declaratory relief.
(15) Family Farmers and Greenpeace Germany v. German Government
Filing Date: 2018
Status: Filed
Jurisdiction: Germany (Berlin – Administrative Court)
This lawsuit was filed by three German families and Greenpeace Germany against
the German federal government. The plaintiff families claim that they are already
experiencing the impacts of climate change, and allege that the government’s failure
to adequately reduce greenhouse gas emissions is infringing on their human rights
in violation of the German Constitution, including the rights to life and health, the
right to occupational freedom, and the right to property. They also allege that
Germany’s failure to meet its own emission reductions targets under the Climate
Protection Program 2020 target violates Germany’s minimum obligations under the
EU Effort Sharing Decision (406/2009/EC).
(16) Friends of the Irish Environment CLG v. The Government of Ireland,
Ireland and the Attorney General
Filing Date: 2018
Status: Filed
Jurisdiction: Ireland (High Court)
Friends of the Irish Environment (FIE) is suing the Irish government for its role in
knowingly contributing to dangerous levels of climate change. FIE alleges that the
government’s approval of the National Mitigation Plan in 2017 was in violation of
Ireland’s Climate Action and Low Carbon Development Act 2015, as well as the
Constitution and human rights obligations. The lawsuit also alleges that the Plan is
inadequate in terms of the action required by the Paris Agreement on climate change.
Professor David Boyd, United Nations Special Rapporteur on the human rights
obligations related to the enjoyment of a safe, clean, healthy and sustainable
environment, recently released a statement on human rights obligations related to
climate change in support of the case. He concludes that climate change clearly and
adversely impacts the right to life, and that the Government of Ireland has positive
7