The government must be sued for its alleged failures on climate change, the law is now a front line for activists, writes Caroline O. Doherty .
Around the kitchen tables phone calls from countries, preparations are underway for a court case with a purpose no less than saving the planet. Or at least push Ireland to do its share of work
The High Court case 2017 / 793JR will be heard for four days next January when the campaign group, Friends of the United The Irish Environment (FIE), will seek to The government must account for the alleged failures to take the necessary measures against climate change that endanger the Earth and all that is there.
Specifically, they are targeting the National Mitigation Plan, released by the government last year. and weak that it violates the requirements of the 2015 Climate Act, Constitution and Human Rights.
The small band of FIE volunteers has been several times before the High Court, challenging regulatory authorities whose decisions or inaction the environment, but this time like-minded groups and anxious governments are watching the world.
This case is part of a growing number of actions in climate litigation around the world.
The Sabin Center for Climate Change at Columbia Law School in New York makes a monthly count, which is currently close to 1300.
Many US measures are taken under federal laws such as the National Environmental Other policy acts are constitutional disputes or claims against laws or industries.
Not all are taken by campaign groups – last week the city of Baltimore brought an action against 26 oil and gas companies. demanding that they pay for climate adaptation measures to protect the city from sea level rise.
Elsewhere, cases have been or are in the process of being taken in 29 countries from Uganda to Pakistan to Colombia.
Most are against state authorities, although a few dozen are against industry and others against European or international institutions.
Some are the government against the government, as the case of the Federated States of Micronesia. court for failing to conduct a cross-border environmental impact study on the expansion of the Prunerov coal-fired power plant – a development that the low-lying islands said to add to global warming and exacerbate the risk of flooding that they face.
In particular, Micronesia won and lost. The badessment of the impact on the environment has been ordered but the Czech government has yet approved the expansion.
Other cases have also been partially successful and many current cases can expect similar results.
But what unites these very varied cases is the belief among those who initiate them that individually, and collectively, they can force the powers to take the issue of climate change more seriously and act in a more decisive way to remedy it. 19659003]
Dr. Áine Ryall
According to a study from the University of Cork College on Law and the Environment, Áine Ryall attributes the rapid increase in cases in recent years . to the revolutionary action of 2015 by the organization Urgenda in the Netherlands.
Although currently in court, this was the first case in the world to result in a court order requiring a government to contribute to climate change through its failure to act effectively.
The court ruled that the Dutch government must reduce greenhouse gas emissions by 25% from 1990 levels by 2020.
Prior to the decision, the government generally acknowledged a reduction 14% would be achievable.
Despite the call, efforts toward the 25% reduction have increased dramatically.
Dr. Ryall says the result was unexpected – courts are generally reluctant to dictate government policy – but he was extremely welcome.
"This has sparked a wave of worldwide interest in the potential for climate litigation to force governments to act with more ambition and more urgency.
Environmentalists have never hesitated to publicize their causes. In doing so, demonstrations, marches, sit-ins, dodas, human chains, artistic events, protest songs and protest ships are featured.
Dr. Ryall believes that they will continue to play a role.
"Litigation is a potential element in a climate action strategy," she says.
"But climate disputes capture the public imagination in a particular way. It tends to attract the public interest and the interest of the media. These cases have a strong novelty and often involve revolutionary legal arguments.
"This makes litigation a particularly powerful tool for raising public awareness of the urgent need for climate action, regardless of the ultimate outcome of any legal proceeding. 19659003] While recent cases have awakened a new generation to the point of advocating for climate change, activists have used the law as a tool to influence environmental policy over the last 40 years.
Aoife O 'Leary
Dubliner Aoife O' Leary is a legal badyst at the European Office of the Environmental Defense Fund and says that the campaign groups must be aware of the law as those who make the EDF was created in 1967 by environmental advocates of the state of New York who made a historic decision against the Suffolk County Mosquito Control Board, obtaining a court order prohibiting the spraying of local salt marshes. DDT
This small act has led to a state-wide ban on the use of the infamous pesticide that has not only killed the intended target but also all kinds of other useful insects while inflicting devastating damage to fish and birds. TNT was declared illegal throughout the United States and much of the world followed suit, but the impact of the case was much broader than a ban on product.
He showed environmentalists around the world that the law – often used by the powerful to stop, abuse and repress all other forms of protest – could also be used to solve problems at the heart of protests.
But Mrs. O. Leary says it's there that the knowledge of law, science, and the economy crosses the real power of influencing lies.
She worked as a business lawyer for a few years but decided that she was not for her. "
" This is a fairly neglected area in terms of climate, but transportation has huge implications for energy consumption and carbon emissions.
"It's complex because you have national, community and international law. I did not have any expertise in environmental law, so I went for a master's degree in the field.
She did not stop there and quickly completed a degree in economics for good measure.
climate, the answer was still – but what about jobs? I knew it was not so simple, but when you are faced with big economic reports from the industry, it is very difficult to distinguish them if you do not have the right language.
"The only way to get the other to engage on the same level with you and to get the respect of the politicians is to speak the same language as they do."
She says , however, that the fight for climate action should not be hiding in the courts and research libraries and that the street footing, it's still a great way to tell the powerful what's going on. They do not want to hear.
"The best case involves both – the lawsuit and the power of the people, having the basis behind what is happening in the world.Since his arrival at EDF at the beginning of the year Ms. O. Leary has included transportation to adopt clean fuels and green technologies and her latest research paper badyzes the International Maritime Agency, the International Maritime Organization, to see up to date. where its authority can extend in the application of these policies – an important issue as many regulators have legal functions prior to the climate change debate and do not know what they are doing. can do without exceeding their powers.
The IMO has sufficient powers – and she and the FDE have said
"One day, a leader told me that you had to do two things: tell the truth and be right. The only way to do this is to be sure of its facts and this requires understanding of science, the economy and the law. "
Friends of the Irish environment share this philosophy.
The organization was founded by a small group of activists in 1997 with the overriding goal of controlling the compliance of Ireland with EU environmental legislation – which imposes on Member States higher standards than most national laws and decisions
Since then, it has established a network of members and supporters including academics, practitioners and researchers in key areas who volunteer their time to prepare the records
A giant panda in a tree in the Wolong Nature Reserve, China, as half of the plant and animals in the most biodiverse areas are at risk of disappearing if greenhouse gas emissions increase Photo: Bernard De Wetter / WWF-Canon / PA [19459009
One of them is Sadhbh O 'Neill, PhD candidate at the UCD where she studies climate policy, ethics and the economy .
She says that the FIE also has a friend in the 1998 Aarhus Convention which enshrines the public's right to access environmental information held by public authorities, to participate in decision-making and challenge in the courts. This last principle is vital because, even with sympathetic jurists and scientists working for free, access to the High Court would be financially impossible
. O 'Neill says the breakthrough in the Urgenda business gave them the confidence to pursue their own challenge.
"We were very inspired by this case and we felt that we should follow his lead because Ireland's performance on climate change goals and carbon reduction were very poor. [19659003] "These are not just desirable policies, they are legal obligations for the Irish government. The case will use the law to make it clear that the government has subscribed to this principle and has a legal and moral obligation to act. "
While the case is being taken on behalf of the FIE, O Neill points out that it is intended to represent the interests of the public in general.
FIE has created a website , climatecaseireland.ie, and asks people to add their names online to indicate their support.The number at the end of last week exceeded 1300.
"The case does not concern our organization. This is a case for everyone in Ireland. We hope this will engage the public in a way that can be difficult to do with climate change because the risks are perceived as far away and in the future.
"Even though extreme weather events are starting to make people think, it is very difficult to translate that into political action.We must give people a way to tie their political claims and the case the plans.
"It is also important for us to show that we have broad public support – that this is not a narrow group of hippies trying to score
Such cases also have a wide audience – Just as Irish activists were monitoring the Urgenda case, the FIE case is being watched by groups and governments around the world.
This in itself may have an influence, activists believe, as most governments value their reputation abroad, especially on a common good such as climate change.
O'Neill believes that this has already made a difference.
Celebrating the last stage of the Dáil project of disinvestment of fossil fuels outside the Dáil, Ciara Mehari (7), Ian Tevnan (8) and Conal Tevnan (6) ) of Maynooth, Co. Kildare. Pic: Mark Stedman
She cites two developments this month: the pbading of the bill on the decongestion of fossil fuels prohibiting the state from holding shares in fossil fuel companies; which has met for the first time this month and will review the Citizens' Assembly's recommendations on climate change and report next January on how they should be implemented.
"These are small steps but they send"
Áine Ryall also sees a significance in the small steps, in particular, the new committee Oireachtas.
"One of the recommendations of the Assembly of Citizens focuses heavily on the government's responsibility for any breach of climate obligations, "she explains.
" Specifically, the Citizens' Assembly recommended that an independent body new or existing "It specifically recommends that such duties and powers include" prosecuting the state in court proceedings to ensure that the state meets its legal obligations ".
"Based on the results of the committee's deliberations, we could witness interesting new developments on the legal mechanisms for effective control and enforcement of the state's climate obligations."
Aoife O 'Leary warns that there is a long journey in front of her, so she learned to cherish the sm all victories, as the IMO agreement in April for set 50% by 2050 an emission reduction target of 50% by 2050 – not as much as militants wanted, but still a success after difficult negotiations
You need to take your successes where you can and you will party because there will be no dramatic change overnight.
"If we reduce emissions, it will take years," she says.
"There are days when I think we are all doomed but the April agreement was definitely positive and every time we get together and we agree on something like that, it gives me hope. " desperation – be it the state of world politics or that Trump is withdrawing from the Paris Agreement – but there is a lot of local action and this can develop in the world by gathering and gathering.
Attenbo rough can engage people. He talked about plastics and people paid attention and now the world is looking at the problem of plastics. So there is a lot to hope for.
"It's like that I get up in the morning and put on a happy face and get to work."
Greenpeace's actor Javier Bardem in the Greenpeace submarine in Antarctica Peak: Greenpeace / PA Wire
Litigation in less developed countries
The fact to pursue a government or an industry is always brave, but in some countries where human rights are poorly protected, it takes special courage. Although most climate-related disputes have occurred in rich countries, less developed countries are more numerous.
As these countries are rarely important polluters, the focus is more on adaptation measures to climate change. and the livelihoods of citizens affected by climate change caused by polluting nations.
The poorest countries are the most affected by climate change, with the intensification of drought, floods and storms that make vast expanses Such situations have given birth to the entire concept of climate justice or, more specifically, climate injustice.
While pushing national authorities to invest in soil rejuvenation, flood protection and climate-resilient enterprises as alternatives to traditional livelihoods is the immediate goal of these countries, litigants also hope that these same authorities will put pressure on their better-off counterparts. [19659003] Ashgar Leghari c. Federation of Pakistan, a measure taken by a farmer who sued the government for failing to act on its own framework for implementing climate change policies – a document that was impressively detailed in its statements of action. ;intention. which has not been supported by resources and resolve.
Leghari argued that Pakistan was a victim of climate change and as such, demanded "immediate adaptation measures to deal with disruptive weather conditions".
The court accepted, ruling: "The delay and lethargy of the state in the implementation of the framework violate the fundamental rights of citizens. The rights mentioned were the right to life, to human dignity, to information and to property, all of which are enshrined in the Pakistani constitution.
In Colombia, a coalition of rural communities, the Cumbre Agraria, Campesina, Etnica Plan outlawed new oil, gas and mining operations in the country's paramos, tropical mountain regions that provide not only 70% of the country's drinking water, but managed to declare a key element of the national development plan unconstitutional. but acts as a vital and highly efficient carbon capture system, but it does not limit the activities of companies with pre-existing licenses.
ing
The National Mitigation Plan of Ireland (NMP) has experienced a difficult birth, a disturbed education and, if Friends of the Irish Environment are making their way there will end quickly.
The group will have four days next January trying to convince the High Court to order the government to abandon the plan and start over, the next time to produce one that is tailored to its purpose.
In its present form, the FIE will argue, the NMP, which was late it was published, is vague and weak and does not state the measures that the industry, agriculture, transport, energy producers, the general public and the central government must take to reduce carbon emissions and protect the environment.
According to them, the NMP is not in compliance with the 2015 law on action against climate change and climate change, violates a constitutional right to a healthy environment and violates human rights. 39; man.
The Climate Change Monitoring Board has been very critical of the NMP precisely because it lacks detailed actions and specific deadlines.
Last week, the Council strengthened the FIE file by warning in its latest report that the country was "completely out of reach" of carbon reduction targets – not only those of 2020, but also those of 2030 and Even from 2050.
The Environmental Protection Agency issued similar warnings and the numbers speak for themselves. [19659003EnvironmentalgoalsofWe'regoingtoreduceemissionsby20%comparedto1990levelsby2020concerningemissionsto45milliontonnes
Smock Alley Theater for the launch of Ireland 2040. Pic: Maxwell Photography
adopted a lower-cost national target: a 20% reduction from the 2005 level – in 1965, emissions were 66 million tonnes and increased by 2 million tonnes per year.
This means that not only are we failing the EU, but also the 164 other countries that signed the historic Paris Agreement in 2015 that commits all signatories to act urgently on change climate.
The FIE file, tabled last October, was reinforced a month later.
This case challenged the planning permission for a new runway at Dubin Airport, one of the reasons being the damage to the environment by air transport and related emissions.
that under section 40 of the Constitution, which provides for the protection of human rights, there is a right not derived (deduced) from an environment that is compatible with human dignity and Welfare The state argued that the Constitution could not be interpreted in this way and that environmental policy was the responsibility of the Oireachtas and the government.
The same argument has been made by governments in other countries facing similar problems. In his judgment, however, Justice Matthew Barrett stated:
The right to an environment that is compatible with human dignity and the well-being of citizens in general is an essential condition for the realization of all human rights. no one. . It is an indispensable existential right that is universally enjoyed, but is personally invested as a right that arises and can always be considered to have been presented and protected by section 40.3.1 of the Constitution [19659099]. not a right so utopian that it can never be applied. Once concretized into specific duties and obligations, its application is quite feasible.
"Even so, all the dimensions of the right to an environment that is compatible with human dignity and the well-being of citizens in general are not." In a word, Barrett J. held that the right of citizens to a healthy environment is enshrined in the Constitution, even if it is necessary to recognize it.
This decision will undoubtedly be mentioned at the beginning and often when the FIE will argue their new case from January 22. [19659003] The exact nature of their arguments can not be made public because, under Irish law, documents submitted to the courts can not be disclosed unless they are read in open court, or that all parties agree that they can be made public, or that there is a court order
The FIE failed to obtain that the government agrees to publish the documents and decided not to ask for order court because this would require a separate hearing with the possibility of an order of costs against the FIE in case of loss. this means that the observers will not know exactly what are the arguments that the government plans to present before next January
The Ministry of Communications, Action for Climate and the Environment would only say that it is still in the intention to defend the case. Put the climate on the agenda
Widely credited – or blamed, according to your point of view – to launch the series of climate litigation, the Urgenda case has propelled climate change to the forefront Dutch political priorities
. Urgenda judgment has been made, three new coal-fired power plants have been opened in the Netherlands – not what you expect from an environmentally conscious state.
Earlier this month, the Dutch government unveiled new climate legislation that will close two pre-existing coal plants in six years with expensive newcomers six years later.
This same legislation sets the Netherlands the most difficult climate goals of all countries. by 2030 (relative to 1990 levels), reduce them by 95% by 2050 and reach a 100% carbon – neutral electricity production by 2050. [19659003] This reversal began in 2013 when 886 Dutch gave their name to a lawsuit. Urgenda Nonprofit Foundation
For a country known for its windmills and its fight against the sea level, it seemed incongruous that the Netherlands was the subject of the first major climatic case.
Marjan Minnesma, director of the environmental group Urgenda, arrives in The Hague on May 28, 2018. Pic: Jerry Lampen / AFP / Getty Images
But this sense of loss The virtues – and the lost pride that accompanied it – contributed to the discomfort that the government felt in the courts and a global jury.
The plaintiffs accused the government of negligence by knowingly contributing to the temperature rise by failing. to take sufficient measures against carbon emissions and argued that the state violated its constitutional duty of protection towards its citizens.
The Dutch government presented a vigorous defense, arguing that it was working collectively with other countries to achieve the EU's goals. a duty of care extended to the public that could not be defined by its actions in a field.
The three hearing judges in the case disagreed, ruling: "The state should not hide behind the argument that the solution to the global climate the problem does not depend solely on the Dutch efforts
"Any reduction in emissions contributes to the prevention of dangerous climate change and, as a developed country, the Ne These words have significance in Ireland where the tendency among ministers has been to point out that Ireland is a relatively small carbon polluter globally or if Irish farmers do not continue to increase their production (which leads to an increase in emissions), other countries will only take over anyway.
The Dutch government, however, continues to appeal the Urgenda case, under the principle that courts should not be involved in government policy.
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