Climate change

Derecho Ambiental / Environmental Law

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Torres Strait Islanders to file UN human rights claim against Australia over climate change                     

Source: Jurist

May 15, 2019

Residents from Australia’s Torres Strait Islands plan to file a human rights complaint against the Australia government for failing to address the impacts of climate change.

The residents will be represented by a UK environmental non-profit organization, ClientEarth who issued a press release Sunday detailing the complaint to be lodged with the UN Human Rights Committee. The allegation is that the Australia government’s failure to mitigate the impacts of climate change violates legal obligations to the Torres Strait Islanders who are rising sea levels impacting burial grounds and cultural sites. The First Nations people who live on the island believe this impact on cultural heritage is a violation of on the UN’s International Covenant on Civil and Political Rights. The residents are requesting for additional funding to protect against climate change impacts like seawalls to protect sacred sites and physical property, a phasing out of coal use, and commitment to reducing emissions.

This is the first legal complaint brought against the government of Australia for human rights violations related to climate change. The committee’s decision is non-binding on sovereign nations, but could place pressure on the Australian government to take action.

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Derecho Ambiental / Environmental Law

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Australia court refuses coal mine project on climate change grounds  

Source: Jurist

February 11, 2019

An Australian Court on Friday ruled against the development of a coal mine in New South Wales because of its potential as a climate change contributor.

The mine proposed, an open cut coal mine, is a process in which coal, closer to the surface, is extracted from the earth by its removal from an open pit much like a quarry rather than tunneling deep underground. Chief Judge Brian Preston said that planning impacts on the existing, approved and likely preferred land uses, the visual impacts, the amenity impacts of noise and dust that cause social impacts, other social impacts, and climate change impacts, outweigh the economic and other public benefits of such a project.

The court highlighted a number of Australian legislative measures with carbon reduction goals, as well as the global 2015 Paris Agreement, to which Australia is a party and has committed to making contributions to global average temperature reductions.

“The construction and operation of the mine, and the transportation and combustion of the coal from the mine, will result in the emission of greenhouse gases, which will contribute to climate change,” Preston wrote. “These dire consequences should be avoided. The Project should be refused.”

Derecho Ambiental / Environmental Law

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New York and five eastern states sue EPA for Clean Air Act failure       

Source: Jurist

February 01, 2019

-United States-

 New York Attorney General Letitia James, and a coalition of five other states and New York City, on Wednesday, filed a lawsuit against the Environmental Protection Agency for failure to comply with certain provisions of the Clean Air Act.

According to a press release from James’ office, the EPA is obligated to provide Federal Implementation Plans to help states solve regional air pollution problems, such as smog, under Good Neighbor Provisions when a state’s action plan “would not sufficiently and collectively reduce pollution emissions.”

In the petition for review, New York challenges a 2018 Close Out Rule created by the Trump Administration EPA, which determined that no further emissions reductions were needed for certain states to meet these Good Neighbor Provision obligations.

James challenges this determination as “unlawful, arbitrary and capricious,” and asked the court to vacate this rule.

Other states in the complaint include Connecticut, Delaware, Maryland, Massachusetts and New Jersey.

Derecho Ambiental / Environmental Law

Posted on Actualizado enn

bialowieza_forestFederal appeals court blocks climate change lawsuit   

Source: Jurist

November 09, 2018

-United States-

The US Court of Appeals for the Ninth Circuit on Thursday granted the Trump administration a temporary stay in an environmental suit brought by young Americans. Leer el resto de esta entrada »

Derecho Ambiental / Environmental Law

Posted on Actualizado enn

imagesSupreme Court refuses to block climate change lawsuit             

Source: Jurist

November 05, 2018

-United States-

US Chief Justice Roberts denied an application Friday to stay a climate change lawsuit against the government.

This reverses a temporary hold of the case, Juliana v. USordered by Roberts last month. The government sought to stay the lawsuit until review of a petition for a writ of mandamus ordering the lawsuit dismissed. Leer el resto de esta entrada »

Derecho Ambiental / Environmental Law

Posted on Actualizado enn

usaSupreme Court puts climate change lawsuit on hold    

Source: Jurist

October 19, 2018

-United States-

US Chief Justice Roberts on Friday ordered a temporary hold on a climate change lawsuit until the plaintiffs provide a response to the government.

The plaintiffs have until Wednesday to provide a response to the Department of Justice’s stay request. Leer el resto de esta entrada »

Derecho Internacional / International Law

Posted on Actualizado enn

bialowieza_forestClimate change suit allowed against US government but not Trump     

Source: Jurist

October 16, 2018

-United States-

An Oregon federal judge on Monday ruled that a group of young Americans can move forward with a lawsuit against the US government for climate change inaction but that President Donald Trump cannot be named as a defendant in the case. Leer el resto de esta entrada »