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

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