Urgenda Foundation and 886 Individuals v. The State of the Netherlands: The Dilemma of More Ambitious Greenhouse Gas Reduction Action by EUMember States
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The remarkable decision of a Dutch lower civil court ordering the State of the Netherlands to reduce its greenhouse gas emissions by 25% by 2020 compared to 1990 levels has attracted ample attention across the world. The court decision deals with the fundamental question of the extent to which a civil court can intervene in environmental decision making, particularly where this concerns the national policy of a European Union (EU)Member State. This case note considers the court decision from an EU law perspective. Although from an environmental perspective ambitious climate action is to be very much praised, several critical legal issues merit scholarly discussion, particularly regarding the competence of the Dutch court to decide the case, the need for a preliminary reference to the Court of Justice of the European Union, the right understanding of complex EU climate law, but also regarding judicial activism and the way climate science is used in courtrooms.
- Eu climate law, emissions trading