Landmark Dutch ruling that government must protect citizens from climate change could be first of many

A landmark ruling by the Netherlands Supreme Court that its government must reduce greenhouse gas emissions to protect its citizens from climate change could see similar action taken in other countries around the world, as pressure is ramped up on the public sphere and private companies to address the issue. The Dutch supreme court upheld a 2015 ruling from the District Court of The Hague in the Urgenda Foundation case on Friday 20 December. It said the Dutch government must reduce greenhouse gas emission by at least 25% from 1990 levels by the end of 2020. The 2015 ruling required the government to immediately take more effective action on climate change. But the case was appealed by the Dutch state. The ruling was, however, upheld by the Court of Appeal on 9 October 2018 before being heard by the supreme court, which gave its decision last week. The Urgenda Foundation’s case against theDutch government was the first in the world in which citizens established that their government has a legal duty to prevent dangerous climate change. It was brought on behalf of 886 Dutch people and has inspired climate change cases in Belgium, Canada, Colombia, Ireland, Germany, France, New Zealand, Norway, the UK, Switzerland and against the EU. Urgenda brought the case because the Dutch supreme court has consistently upheld the principle that its government can be held legally accountable for not taking sufficient action to prevent foreseeable harm. Urgenda argued that this is also the case when it comes to climate change. The foundation and its co-plaintiffs believed that preventing dangerous climate change is not only morally and politically the right thing to do, but a legal obligation that cannot be ignored. And the Dutch supreme court has agreed. Nigel Brook, partner at Clyde & Co, said it is a “landmark decision not least because of its legal basis” and the principle that the Dutch government is required to protect the country's citizens against the dangers posed by climate change. He added that this final decision in the Netherlands might “prompt others to pursue human rights-based cases against their governments in an effort to accelerate the transition to a low-carbon economy”. Mr Brook added that there is also growing direct action against the private sector. Although most climate cases to date have been against governments, lawsuits are “increasingly targeting the highest greenhouse-gas-emitting companies and their directors and officers”, he said. Cases are also being brought alleging that oil and its derivatives are defective products causing loss and damage, he added. Mr Brook also pointed out that regulators are increasingly focusing on climate change. The Bank of England is taking the lead and on 18 December launched a three-month consultation on its proposal to put UK lenders and insurers through what is being described as “the world’s stiffest climate stress tests”. “There is a rapidly growing consensus that climate change goes to the core of the world economy and will require a coordinated global response from governments, regulators, business and insurers, among others,” concluded Mr Brook.

Landmark Dutch ruling that government must protect citizens from climate change could be first of many

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