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☆ A landmark ruling in Europe's top rights court delivers a watershed moment for climate litigation
▼ + stars: | 2024-04-09 | by ( Sam Meredith | In Samuelmeredith | ) www.cnbc.com time to read: +1 min

Europe's top human rights court on Tuesday ruled in favor of more than 2,000 elderly Swiss women who argued that their government's efforts to tackle the climate crisis were insufficient to protect them from more frequent and intense heat waves. The European Court of Human Right's (ECHR) decision was hailed by campaigners as a ground-breaking moment that could serve as a blueprint for other climate litigation cases argued on human rights grounds. The impact of the decision is expected to be felt far beyond Europe's borders. The decision could compel the Swiss government to revise its climate policies, including upgrading its near-term emissions reductions targets to align with the landmark Paris Agreement. "This result from one of the world's highest courts sends a clear message: governments must take real action on emissions to safeguard the human rights of their citizens."

Persons: Vesselina Newman, ClientEarth Organizations: Swiss, Protection, European, of Human Rights Locations: Strasbourg, France, Europe's, Swiss, Paris

☆ Switzerland violated human rights, European court finds, in landmark climate case brought by 2,000 women
▼ + stars: | 2024-04-09 | by ( Laura Paddison | ) edition.cnn.com time to read: +4 min

CNN —An international court in France on Tuesday ruled Switzerland’s failure to adequately tackle the climate crisis was in violation of human rights, in a landmark climate judgment that could have a ripple effect across the globe. The European Court of Human Rights (ECHR) in Strasbourg, France delivered its ruling in a case brought by more than 2,000 Swiss women, the majority of whom are in their 70s, against Switzerland’s government. “It means that all European countries must urgently revise their targets so that they are science-based and aligned to 1.5 degrees. Those two claims were ruled “inadmissible.”Swedish climate activist Greta Thunberg, second left, joins youths from Portugal during a demonstration outside the European Court of Human Rights on Tuesday in Strasbourg, France. Both the International Court of Justice and the Inter American Court of Human Rights have cases pending which relate to the human rights impacts of climate change.

Persons: “, ” Gerry Liston, Vesselina Newman, ClientEarth, Greta Thunberg, Jean, Francois Badias, ”, Catarina dos Santos Mota, ” Liston Organizations: CNN, of Human Rights, Swiss, Switzerland, Global, Network, of Human, International Court of Justice, Inter American Court of Human Locations: France, Strasbourg, Portugal, Switzerland, Swiss

☆ UK pension fund USS wins appeal over fossil fuel investments
▼ + stars: | 2023-07-21 | by ( ) www.reuters.com time to read: +2 min

The 82 billion-pound ($103 billion) Universities Superannuation Scheme (USS) faced legal action from two of its members over its continuing investments in coal, natural gas and petroleum. Judge Sarah Asplin said in a written ruling that the parts of the lawsuit relating to USS investments in fossil fuels were an attempt to challenge the scheme's management and investment decisions which was "bound to fail". The attempt to bring the case on behalf of USS against its directors, which has also been attempted by environmental law charity ClientEarth against Shell (SHEL.L), will be keenly watched by other pension funds and environmental groups. The two academics bringing the case, Ewan McGaughey and Neil Davies, argued that fossil fuel investments pose a "significant and increasing" financial risk to USS that its directors were not addressing. However, lawyers representing USS argued the case should be dismissed as the scheme's investments in fossil fuels have not caused any loss to USS or the two academics, which is necessary for a derivative lawsuit to proceed.

Persons: Sarah Asplin, Ewan McGaughey, Neil Davies, David Grant, –, Davies, Sam Tobin, Sarah Young, Mike Harrison Organizations: London's, Shell, McGaughey, Thomson Locations: London

☆ Shell Directors Are Sued Over Action on Climate
▼ + stars: | 2023-02-09 | by ( Gareth Vipers | ) www.wsj.com time to read: 1 min

LONDON—An advocacy group sued the directors of Shell PLC, challenging the oil giant over what it says are failures to act on the climate crisis. ClientEarth, a group of environmental lawyers that holds a small shareholding in Shell, said it has filed a lawsuit against the board. The organization said the claim marks the first time corporate directors could potentially be held personally liable over a company’s action on fossil fuels.

SummarySummary Companies ClientEarth files novel UK case to hold directors accountableUK, Swedish, Danish, Belgian and French funds support lawsuitClaim alleges Shell board mismanaging climate risk, breaches lawLONDON, Feb 9 (Reuters) - A group of European institutional investors is backing a novel London lawsuit against energy giant Shell's (SHEL.L) board over alleged climate mismanagement in a case that could have far-reaching implications for how companies tackle emissions. Shell rejected the allegations, saying its climate targets were ambitious and on track and that its directors complied with their legal duties and acted in the company's best interests. "ClientEarth's attempt ... to overturn the board's policy as approved by our shareholders has no merit," a spokesperson said. London CIV said its Shell stake was a "primary hotspot of risk and exposure within our portfolio". The case comes two years after Shell was ordered to slash carbon emissions in a landmark Dutch climate case.

☆ Shell’s board of directors sued over climate strategy in a first-of-its-kind lawsuit
▼ + stars: | 2023-02-09 | by ( Sam Meredith | ) www.cnbc.com time to read: +1 min

Shell's directors are being personally sued for allegedly failing to adequately manage the risks associated with the climate emergency in a first-of-its-kind lawsuit that could have widespread implications for how other companies plan to cut emissions. Environmental law firm ClientEarth, in its capacity as a shareholder, filed the lawsuit against the British oil major's board at the high court of England and Wales on Thursday. It alleges 11 members of Shell's board are mismanaging climate risk, breaching company law by failing to implement an energy transition strategy that aligns with the landmark 2015 Paris Agreement. "The shift to a low-carbon economy is not just inevitable, it's already happening. Yet the Board is persisting with a transition strategy that is fundamentally flawed, leaving the company seriously exposed to the risks that climate change poses to Shell's future success — despite the Board's legal duty to manage those risks," Benson said.

☆ Factbox: The newest fronts in climate-change-related legal battles
▼ + stars: | 2022-11-18 | by ( Clark Mindock | ) www.reuters.com time to read: +6 min

At the COP27 climate talks in Egypt, U.N. experts last week warned that many corporate environmental claims amounted to “empty slogans and hype.” This could embolden campaigners to launch more legal cases against climate-action laggards. The companies have denied the allegations in the lawsuits but have made public promises to work to avoid plastic pollution. The group claims the fossil fuel investments violate the French duty of vigilance law requiring corporations to identify and reduce environmental harms. The group, led by Oxfam France and Friends of the Earth France, called the move an "unprecedented legal action." The lawsuit claims DWS told investors that it invests 0% in controversial sectors such as coal, but elsewhere indicated revenue from the coal industry accounts for as much as 15% of the fund's revenue.

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