bookmark_borderSouth Korea: Climate Law Fails to Protect Basic Rights

South Korea’s top court ruled in August of 2024 that the country’s climate change law does not adequately protect basic human rights and lacks sufficient targets to safeguard future generations. This landmark decision comes after activists accused the government of failing to effectively address the climate crisis.

Since 2020, more than 200 plaintiffs, including young climate activists and even infants, filed petitions to the Constitutional Court. They argued that the government was violating citizens’ human rights by not taking sufficient action against climate change. The ruling was met with emotional responses from plaintiffs, activists, and lawyers, who celebrated with cheers, tears, and applause, chanting slogans like, “The verdict is not the end, but the beginning.”

Han Je-ah, a 12-year-old plaintiff, expressed hope that the ruling would lead to broader change: “I hope today’s decision will lead to a bigger change so that children do not have to file this kind of constitutional appeal,” she told reporters. “The climate crisis is having a huge impact on our lives, and there is no time to delay.”

Kim Young-hee, a lawyer representing the plaintiffs, called the decision “an important milestone for society’s efforts to reduce greenhouse gas emissions.” The court criticized South Korea’s Carbon Neutrality Act, originally enacted in 2010 and later revised to set emissions targets for 2030 and achieve carbon neutrality by 2050. The court found that the law failed to specify “any quantitative levels” for emissions reductions between 2031 and 2049, effectively leaving future generations with an undue burden.

The court stated, “Since there is no mechanism that can effectively ensure gradual and continuous reductions until 2050, it stipulates reduction targets that would transfer an excessive burden to the future.” The South Korean environment ministry responded by saying it respects the court’s decision and will implement follow-up measures accordingly.

Koh Moon-hyun, a law professor at Soongsil University, noted that the ruling could have global implications: “The court must have looked at rulings in Europe and changed its stance,” he said. “It has created a chance for South Korea to drop its nickname as a climate villain.” The decision is seen as a critical turning point, potentially influencing other countries to strengthen their own climate policies and better protect the rights of future generations.

Loss and damage litigation against oil companies and governments will change world economics.

The Human Induced Climate Change Experiment

bookmark_borderClimate Change: Ruled Against UK

Litigation seeking compensation for loss and damage caused by the actions of oil companies and governments has the potential to reshape global economics. In the past year, several legal rulings have held governments accountable for their role in exacerbating the climate crisis, signaling a shift in legal accountability and prompting broader discussions on environmental responsibility.

The latest example, on May 3, 2024, a High Court judge delivered a significant ruling, declaring the U.K. government’s actions unlawful in approving a climate plan aimed at meeting crucial emission reduction targets without sufficient evidence of its feasibility. This marked the second occasion in two years where the government’s primary climate strategy faced legal challenge and was deemed inadequate in aligning with legally-binding commitments to curb greenhouse gas emissions.

Justice Clive Sheldon’s decision, following a case brought forth by three environmental organizations, underscored the government’s failure to substantiate its approval of the Carbon Budget Delivery Plan from the previous year. The judge concluded that the government lacked justification and the plan was “simply not justified by the evidence.”

Climate Change Law Suits

bookmark_borderBoulder Sues Over Climate Change

Boulder Colorado is suing Exxon and Suncor to recover costs of climate change adaptation.

“The average person should know we’re finally dealing with the costs of climate change. Irrespective of weather, this is a big concern to you,” said Richard Wiles, the executive director of the Centre for Climate Integrity.

“If your city or state is suddenly facing hundreds of millions of dollars — or billions of dollars — of adaptation costs over the next several years, that puts climate change in a different light. It suddenly becomes very real to you.”

“The main thing that is driving all of the risks that Boulder is talking about is still undeniably heat. Heat is what is behind the impacts they describe,” Mr Wiles said. “They’re talking about drought, about wildfires, about water availability. But it all comes down to heat.”

“Our communities and our taxpayers should not shoulder the cost of climate change adaptation alone. These oil companies need to pay their fair share,” Suzanne Jones, the mayor of the City of Boulder, said in a statement.

More On Global Warming

bookmark_borderNew York City Sues Oil Companies Over Climate Change

The most likely force to cause a change in climate change is money. New York City is filing a law suit against five major oil companies (BP, Chevron, ConocoPhillips, Exxon Mobil and Royal Dutch Shell), claiming they have contributed to global warming. Mayor Bill de Blasio said the city will seek billions of dollars in the lawsuit to recoup money spent by the city for resiliency efforts related to global warming.