Climate litigation, like any litigation, can take a very long time. However, with so many cases going through different stages at the moment, sometimes you get two important wins in one week.
Last week was such a week.
In the case of Cannavacciuolo and Others v. Italy, The European Court of Human Rights held that:
"Failure to adequately address environmental pollution violates the human right to life." (1)
This case was brought by 41 Italian citizens who suffered from the impacts of widespread dumping, burying or burning of waste in the parts of the Campania region known as the Terra dei Fuochi.
These activities were undertaken by criminal organisations, rather than officials, but the court clarified that the government’s failure to appropriately address this issue has put the State in breach of human rights law.
The Court indicated that Italy should:
draw up a comprehensive strategy to address the Terra dei Fuochi situation,
set up an independent monitoring mechanism,
and establish a public information platform.(2)
The second win was through a judicial review. The Court of Session in Edinburgh ruled that the Government's decision to grant consents for development in the Rosebank oilfield and Jackdaw gas fields have been unlawful because:
".. the Environmental Impact Assessments on which they were based did not assess the effect of downstream emissions (sometimes also referred to as Scope 3 emissions), ie the effect on climate of the combustion of the oil and gas to be produced."
The owners of the fields must reapply to the Government before any drilling can take place.
First Minister John Swinney said the Scottish Government would also reflect on the "very significant" ruling.(3)
Tessa Khan (Uplift) said:
“This … means that Rosebank cannot go ahead without accounting for its enormous climate harm.”
Reading the full judgment, it was very interesting to see the following on page 38:
"The effect of the burning of fossil fuels on climate change and the lives of individual persons is now well recognised in law."
This statement was followed by a reference to Verein KlimaSeniorinnen Schweiz v Switzerland [2024], which only last year recognised that climate inaction by a government had violated human rights.
It demonstrates how quickly the ongoing argument for climate litigation evolves.
Although these cases show how important courts can be in achieving climate goals, let us not forget that courts aren't always a beacon of climate justice.
Jonathan Porritt reported that last week:
"Over 1000 people blocked the road outside the High Court in The Strand, in solidarity with 16 Just Stop Oil protesters inside the court, appealing against their excessive sentences – adding up to a combined 41 years for various climate actions."(4)
Previously, commenting on the imprisonment of 5 Just Stop Oil activists in 2024, an article by Six Pump Court stated:
''How such lengthy sentences [some 4 and 5 years-long] can be imposed has therefore confounded many, particularly when some convicted of violence and drug offences have received lesser sentences, and at a time when prisons are full."(5)
Sometimes we need to look to new legislation for progress.
Last month, Legislation S.2129-B/A.3351-B created a ‘Climate Superfund’ to support New York-based projects that bolster New York’s resiliency to dangerous climate impacts like flooding and extreme heat by holding fossil fuel companies responsible for these impacts:
"This landmark legislation shifts the cost of climate adaptation from everyday New Yorkers to the fossil fuel companies most responsible for the pollution.
By creating a Climate Change Adaptation Cost Recovery Program, this law ensures that these companies contribute to the funding of critical infrastructure investments, such as coastal protection and flood mitigation systems, to enhance the climate resilience of communities across the state."(6)
The current assessment estimates that this should bring in around $3 billion per year, with a goal of raising $75 billion over 25 years.(7)
New victories in courts and some legislation indicate a clear direction of travel - climate impacts are recognised in law, polluters are increasingly expected to be accountable, and governments are forced to protect their citizens from the worst climate impacts. We will see what the rest of 2025 has in store for climate litigation with interest.
Follow Client Earth to learn more about the latest in climate litigation: https://www.clientearth.org/
Private Goodness offers Climate Justice training for lawyers: https://www.privategoodness.com/climatejusticetraining
and
Climate Litigation risk training for Board Directors: https://www.privategoodness.com/climatechangeforboards/climatelitigationrisk
Find out more about our services here.

References:
(2) European Court of Human Rights, Judgment concerning Italy
(3) https://www.holyrood.com/news/view,rosebank-and-jackdaw-permissions-unlawful-scottish-court-rules
(4) https://jonathonporritt.com/standing-up-for-climate-justice-solidarity-inspiration-and-legal-victories/ (5) https://6pumpcourt.co.uk/the-recent-sentencing-of-climate-protestors/
Comments