09 October 2026
A New Frontier for Project-Based Climate Litigation
On 7 October 2026, the High Court of Australia held, by three judges to two, that a New South Wales (NSW) planning authority must consider conditions to limit a coal mine’s scope 3 emissions. This meant the authority could not simply say they had considered those emissions, representing 98% of the project's greenhouse gas (GHG) emissions – they had to show they had considered planning conditions that would minimise them. Although much of the Australian apex High Court ruling turns on the interpretation of very specific NSW statutory language, it nevertheless has important implications for climate litigation elsewhere in the world, including in Europe. Continue reading >>
0 
28 August 2026
New Zealand’s Shameful Climate Tort Law – And What Climate Lawyers Can Learn from It
New Zealand’s Climate Change Response (Tort Liability) Amendment Act became law on 24 August 2026. The Act is the first national law to comprehensively rule out civil liability for activities that cause harm by contributing to climate change. The stagnating political salience of climate change presents significant challenges for climate lawyers, who must consider the viability of their claims in both courts and the political process. Continue reading >>29 July 2026
A Cyclical, Foreseeable, Worsening Threat
During the first two decades of the twenty-first century, approximately 489,000 heat-related deaths occurred yearly. Europe is no exception. Under the premise that heatwaves can no longer be distinguished from any foreseeable, cyclical event beyond their control, states are required to adopt all reasonable measures to keep the catastrophic impacts to a minimum, as mandated by the ECtHR. This blogpost explores the extent to which Article 2 of the ECHR provides legal protection against heatwaves and examines the level of due diligence required from state parties. Continue reading >>
0
13 July 2026
Heatwaves and Legal Remedies
Europe suffered an unprecedented heatwave this June, with debilitating effects felt across various walks of life: thousands of deaths, particularly among the elderly, individuals and families suffering in “heat-trap” apartments, hospitals full and caught unprepared, school closures, and productivity losses. Adaptation measures are indispensable for coping with these soaring temperatures, which have cost lives and severely affected people’s well-being. However, rights-based litigation involving adaptation in Europe has until recently been notable by its absence. Continue reading >>
0
03 July 2026
Anticipating a Climate Moment in Arusha
The forthcoming climate advisory opinion presents a historic opportunity for the AfCHPR to articulate a coherent and comprehensive African rights-based framework for climate governance. Given Africa’s particular vulnerability to climate change, the need for such guidance is especially pressing. By clarifying States’ obligations under the African Charter, the Arusha judges can strengthen climate accountability across the region and provide guidance to policymakers and domestic courts. Continue reading >>
0
02 July 2026
Between and Beyond Regional Perspectives on Climate Change and Human Rights
Climate change has reached the dockets of (international) courts. The intersecting nature of this existential threat has led to a flurry of judicial action – somewhat paradoxically in the absence of meaningful political action. Yet, as case law is proliferating, the discussion about climate change in international adjudication has become highly specialized. Against this background, this contribution shares observations on the emergence of regional climate change law and calls for taking this regional perspective seriously by extending it beyond what is traditionally understood as inter-judicial dialogue. Continue reading >>
0
25 June 2026
Climate Justice Unlocked
The Inter-American Court of Human Rights has just handed climate litigators in Latin America the most powerful tool they have ever had. Advisory Opinion OC-32/25 restructures the procedural architecture of climate litigation: inverting burdens of proof, authorising the presumption of causal links between state emissions and climate harm, and recognising satellite imagery as evidence that states must make accessible to victims. For organisations that have spent years fighting for communities on the front lines of the climate emergency, this is a transformative moment. Continue reading >>
0
24 June 2026
Procedural Rights in Climate Cases Before the ECtHR
This blog post takes the landmark ruling KlimaSeniorinnen as a starting point to examine the role of procedural rights in climate litigation before the European Court of Human Rights. Procedural rights, as we argue, can be understood in a twofold manner: on the one hand, as admissibility criteria structuring access to the Court, and on the other, as substantive guarantees flowing from the Convention itself. Read in this light, KlimaSeniorinnen – alongside Greenpeace Nordic – reveals key developments in the Court’s emerging climate jurisprudence across both dimensions. Continue reading >>
0
08 May 2026
The BMW and Mercedes Climate Cases
The Bundesgerichtshof – Germany's highest court of civil jurisdiction – has handed down its first ruling on private climate liability and dismissed the widely discussed lawsuits against BMW and Mercedes. These strategic lawsuits were based on a very specific claim that is hard to replicate in other legal systems. Nevertheless, the rulings contain general considerations that, from a comparative law perspective, reveal a remarkable degree of judicial restraint. Continue reading >>
0
19 March 2026