In Landmark Case, Dutch Citizens Sue Their Government over Failure to Act on Climate Change

For the first time ever, climate change is being taken to court over human rights.

Public arguments are scheduled to begin Tuesday in the Netherlands, where nearly 900 Dutch citizens have filed a lawsuit against their government for failing to effectively cut greenhouse gas emissions and curb climate change.

Hailed by Dutch press as a “landmark legal case,” it’s the first European example of a group of citizens attempting to hold a government responsible for inefficient climate policies, and the first time that existing human rights laws have been the basis of a case.

“What we are saying is that our government is co-creating a dangerous change in the world,” Roger Cox, a legal adviser for the plaintiffs, told RTCC.  “We feel that there’s a shared responsibility for any country to do what is necessary in its own boundaries to mitigate greenhouse gas emissions as much as is needed.”

The plaintiffs will ask the court to force the Dutch government to reduce its greenhouse gas emissions by between 25 and 40 percent relative to their 1990 levels by 2020 — reductions that the IPCC has said developed nations must make if the world wants a 50 percent chance of avoiding a 2 degree Celsius increase in global temperature.  Currently, the European Union has committed to reducing its emissions 40 percent by 2030, but the Netherlands has not made any specific commitments, saying instead that it intends to adopt any international agreement that comes from the Paris climate talks later this year.

To the Dutch citizens who are part of the class action, that promise isn’t enough.  In 2012, the sustainability-focused Urgenda Foundation sent a letter to the government demanding more immediate action on climate change.  When they received no response, Urgenda began looking for citizens to support a court case against the Dutch government.  A year later, Urgenda, along with nearly 900 co-plaintiffs, filed a case against the Dutch government.
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According to Dutch News, Urgenda claims that the Dutch government has acknowledged that its actions are “insufficient” to prevent the dangers associated with a warming world.

“The Netherlands is therefore knowingly exposing its own citizens to dangerous situations, in which they and their children will suffer serious hardship,” Urgenda said.  “The Dutch Supreme Court has consistently upheld the principle that the government can be held legally accountable for not taking sufficient action to prevent foreseeable harm.  Urgenda argues that this is also the case with climate change.”

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