Urgenda vs. Juliana: Lessons for Future Climate Change Litigation Cases

39 Pages Posted: 13 Feb 2023 Last revised: 29 Nov 2023

See all articles by Paolo Davide Farah

Paolo Davide Farah

West Virginia University (WV, USA); gLAWcal - Global Law Initiatives for Sustainable Development (United Kingdom); University of Pittsburgh - School of Law

Imad Antoine Ibrahim

University of Twente - Department of Governance and Technology for Sustainability; gLAWcal - Global Law Initiatives for Sustainable Development (United Kingdom)

Date Written: February 9, 2023

Abstract

In recent years, climate change litigation has increased but many of these cases have failed to achieve their stated objective(s) of legally coercing states to combat global warming. Nevertheless, more recent rulings have signaled a shifting momentum in favor of climate activists, gaining significant international attention. Among these rulings are two cases out of the Netherlands and the United States (U.S.) –– Urgenda and Juliana. The former is considered a great success, given the Dutch state’s mandate to meet and increase its greenhouse gas emissions reduction targets. The latter is considered a case to build upon, given that the presiding U.S. judge dismissed the case. This article seeks to answer the following question: what lessons may be learned from the success of Urgenda, and the failure of Juliana, for future climate change litigation? The authors highlight two key factors that play vital roles in climate change litigation: the specificity to which the state is coerced to pursue strict environmental regulation and judicial activism affected by the types of demands made by the plaintiffs.

Keywords: Climate Change, Urgenda, Juliana, Litigation, Judicial Activism

JEL Classification: K29, K32

Suggested Citation

Farah, Paolo Davide and Ibrahim, Imad Antoine, Urgenda vs. Juliana: Lessons for Future Climate Change Litigation Cases (February 9, 2023). University of Pittsburgh Law Review, Vol. 84, p. 547, 2023, U. of Pittsburgh Legal Studies Research Paper No. 2023-09, Available at SSRN: https://ssrn.com/abstract=4352769

Paolo Davide Farah (Contact Author)

West Virginia University (WV, USA) ( email )

325 Willey Street
Morgantown, WV 26506
United States

HOME PAGE: http://paolofarah.wordpress.com

gLAWcal - Global Law Initiatives for Sustainable Development (United Kingdom) ( email )

United Kingdom

HOME PAGE: http://www.glawcal.org.uk/

University of Pittsburgh - School of Law ( email )

3900 Forbes Ave.
Pittsburgh, PA 15260
United States

Imad Antoine Ibrahim

University of Twente - Department of Governance and Technology for Sustainability ( email )

PO Box 217
7500 A.E. Enschede
Netherlands

HOME PAGE: http://https://people.utwente.nl/i.ibrahim

gLAWcal - Global Law Initiatives for Sustainable Development (United Kingdom) ( email )

52 East Quay, Wapping Quay
Liverpool, L3 4BU
United Kingdom

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