The topic of climate change has long been one of the dominant issues of our time. With the decision of the German Federal Constitutional Court of 24 March 2021 the legal aspects of this topic have also become the focus of a broader public in Germany.
For quite some time, the topics climate change and climate protection have been part of legal advice in various forms, e.g. in connection with alternative energy projects (offshore wind, solar PV, etc.) and projects with new or alternative drive and energy concepts, in connection with investments in renewable energy projects, in connection with insurance law issues resulting from the consequences of climate change and also in connection with requirements for the reduction of pollutant emissions.
Around the world, a large number of climate change related court proceedings are already underway, but so far most of them deal with questions about the obligation of states to take action or with climate and environmental damage that has already occurred. Against this background, much attention has been paid to a ruling of the Rechtbank Den Haag of 26 May 2021 (C/09/571932 / HA ZA 19-379) in which the Dutch court ordered the company Royal Dutch Shell plc to limit CO2 emissions.
“In the future a significant increase in Climate Change Litigation and Climate-Related Litigation can be expected, with specific issues of private international law and international civil procedure law also playing an important role”,
says Dr. Martin P. Lögering, expert in Litigation/Arbitration and bar-certified specialist in International Business Law.
New jurisdictions and industry sectors, new litigation techniques and strategies as well as creative forms of litigation funding – Climate Change Litigation is currently evolving rapidly.