Introduction:
Global warming, or climate change, is a phenomenon that occurs naturally, but over time, human activities have tripled the amount of greenhouse gases (GHGs) released into the atmosphere. There have been contemporary intentional legal actions to reduce GHG emissions; these actions signify continuous endeavours to tackle the obstacles presented by greenhouse gas emissions and alleviate their effects on the ecosystem and community to effectively prevent climate change. This article examines several notable developments in climate action for GHG emission reduction. It also acknowledges the effect of these actions on reducing GHG emissions.
KEY DEVELOPMENTS IN GREENHOUSE GAS EMISSIONS REDUCTION CASES:
1. Vertical Climate Claims:
Vertical Climate Claims refer to actions that concern the relationship between private individuals and the government; they usually address the issue of sufficient climate policy. An eminent case is
2. Horizontal Climate Claims:
Horizontal Climate claims seek to protect health or property and are brought by individuals against companies. They centre on the issue of how many private emitters of greenhouse gases are accountable for the effects of man-made climate change. These lawsuits may allege that these companies knew about the risks of their products and actively misled the public about the dangers of climate change.
In Milieudefensie et al. V.
3. GHG Emissions Reduction:
The increase in climate change activities has made many countries and corporations set ambitious targets to reduce their greenhouse gas emissions as part of their sustainability initiatives. Emission targets may be on a short-term or long-term basis. Although target setting varies, some standard practices include publicly declaring targets, involving a base year in targets, setting achievable target reductions, covering all GHG emissions operations, and aiming for GHG emission reduction.5
A major challenge with target setting is that climate change is promoted as being quickly achievable. Although companies implement emission targets, some climate activists demand absurd GHG emission reduction targets. These desperate demands have led companies to deceive investors, customers, and the public with impractical targets.
This logic brought a twist to climate litigation. In
4. Carbon Finance:
Carbon pricing recognizes the result of pollution and accounts for those costs in daily livelihood. Governments and international organizations use carbon pricing mechanisms to incentivize emission reductions. The Kyoto Protocol of 2005 facilitated cost-effective greenhouse gas emission reductions through international emissions trading (IET), joint implementation (JI), and the clean development mechanism (CDM).
Carbon pricing can be through carbon taxes, emissions trading systems (EST), or purchasing permits to emit carbon within a capped limit. The EST Carbon market is divided into compliance and voluntary carbon markets.7 The Compliance Carbon Market (CCM) is a statutory requirement, while the voluntary carbon market (VCM), whether national or international, is the elective issuance and trading of carbon credit to companies.
The European Union Emissions Trading System Scheme, a CCM that limits the emissions of 11,000 power stations and big industrial plants8 had an issue regarding activities relating to natural gas processing installations and the production of electricity and heat. The problem was whether a business operating a natural gas processing facility could obtain a free allocation of emissions permits under the EU GHG emission trading programme for a certain type of installation.
In
5. Renewable Energy:
Electricity used in the functionality of our daily activities requires the burning of fossil fuels and contributes to the release of plenty of greenhouse gases. There is a huge increase in electricity demand, and renewable energy can ensure sustainable power. Renewable energy sources11 are adopted to mitigate GHG environmental impact and address climate change concerns. Renewable energy infrastructure investment projects have doubled the reduction in reliance on fossil fuels, decreased greenhouse gas emissions, and increased energy efficiency, making them deployable not only across industries but also in households.
In R. (on the application of McLennan) v.
6.
GHG emissions are a general concern in the corporate world, and sustainability practices are implemented to ensure all operations foster environmental, social, and governance (ESG) by setting zealous sustainability goals. It initially started to manage risk around the three factors that meet at the workplace, which are environment, social, and corporate governance professionally. This evolving trend has grown to be an investment and sustainability standard because it considers the positive and negative impacts of those investments.14
In Métamorphose v.
7. Human rights:
Climate change impacts global human rights; therefore, it is important to ensure all humans can adapt to the climate crisis. To prevent the negative impact of climate change on human rights, climate justice requires international cooperation, available resources, and accountability.
In KlimaSeniorinnen v. Switzerland, Senior Women for Climate Protection Switzerland filed a case with the
Conclusion:
These notable advancements in GHG emissions reduction cases demonstrate the growing awareness of the critical need to reduce greenhouse gas emissions and lessen the effects of climate change globally. Global efforts to reduce greenhouse gas emissions have seen significant developments across various judicial fronts, reflecting a multifaceted approach to combating climate change. However, in contrast to the preceding ten years, there is a current significant increase in greenhouse gas emissions, despite improvements in efforts to mitigate greenhouse gas emissions. Regardless of the different outcomes, these cases are setting legal precedents, spurring policy changes, enforcing laws, and fostering accountability for contributing to climate change. Globally speaking, there is a continuous commitment to taking legal action to address the pressing problem of reducing greenhouse gas emissions, emphasizing the importance of coordinated action at all levels to protect our planet for coming generations.
Footnotes
1.
2. https://climatecasechart.com/non-us-case/urgenda-foundation-v-kingdom-of-the-netherlands-/>>>> accessed
3. Milieudefensie et al. V. Royal Dutch Shell Plc C/09/571932/HA ZA 19-379
4. www.climatecasechart.com/non-us-case/milieudefensie-et-al-v-royal-dutch-shell-plc/>> accessed
5. https://www.epa.gov/climateleadership/target-setting>>>accessed
6. 4:24-cv-00069-P
7. https://climatepromise.undp.org/news-and-stories/what-are-carbon-markets-and-why-are-they-important>> accessed
8. www. www.activesustainability.com/climate-change/carbon-pricing/?_adin=02021864894# >>> accessed
9. 2018/C 112/15
10. https://climatecasechart.com/non-us-case/exxonmobil-v-germany/>> accessed
11. solar, wind and hydro
12. [2020] Env. L.R. 5 (2019)
13. https://climatecasechart.com/non-us-case/r-on-the-application-of-mclennan-v-medway-council/>>accessed
14. https://www.pionline.com/ESG-guide?utm_source=google&utm_medium=paidsearch&utm_campaign=pictet_guide_20240215_search&gad_source=1&gclid=Cj0KCQjwn7mwBhCiARIsAGoxjaIHwjfIN28L3f4eWdGCbHFgeKqkIh5uRlFLYT3bWKXFF0mvdxAQvFQaAsEyEALw_wcB>> accessed
15. https://climatecasechart.com/non-us-case/metamorphose-vs-totalenergies/>> accessed
16. https://climatecasechart.com/non-us-case/union-of-swiss-senior-women-for-climate-protection-v-swiss-federal-council-and-others/>> accessed
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