Climate litigation is flourishing. The Court of Justice of the European Union (CJEU) and the European Court of Human Rights (ECHR) are grappling with several significant climate litigation cases. However, future growth may be impeded by a recent CJEU ruling in the so-called People’s Climate Case, launched in 2018 by families across Europe, as well as Kenya and Fiji.

Sylvie Gallage-Alwis. Courtesy photo Gaëtan de Robillard. Courtesy photo

The plaintiffs argued that the EU’s 2030 target to cut greenhouse gas emissions by 40% was insufficient, and that climate change would threaten the plaintiffs’ fundamental rights. The European General Court (EGC) dismissed the claim on procedural grounds, holding that the plaintiffs were not sufficiently directly impacted by the policies, under the “direct and individual concern” requirement in EU law.