Climate Litigation: An overview of the Urgenda decision

Introduction

In a judgment on 20 December 2019, the Dutch Supreme Court decided to uphold the decision of the Court of Appeal of The Hague, dated 9 October 2018 (that confirmed the decision of the District Court of The Hague, dated 24 June 2015) in which the Dutch State is ordered to reduce Dutch greenhouse gas emissions by 25% by the end of 2020.

Background

The Dutch State has a target, based on a target at European level, of a 20% reduction of greenhouse gas emission for 2020 compared to 1990 levels. Urgenda argues that, given the serious risks of climate change, the Dutch State’s target is not sufficient. On 12 November 2012, Urgenda sent a letter to the Dutch State in which it demanded a reduction of at least 25% in 2020 compared to 1990 levels and, on 20 November 2013, this was followed by a submission of a writ of summons. On 24 June 2015, the District Court of The Hague rendered its judgment, in which it agreed with Urgenda, and ordered the Dutch State to reduce Dutch greenhouse gas emissions by 25% by the end of 2020. On 9 October 2018 this decision was confirmed by the Court of Appeal of The Hague. On 13 September 2019 the Advocate General to the Supreme Court published an opinion. See here for an English translation thereof.

Reasoning of the Dutch Supreme Court

In its decision dated 20 December 2019, the Dutch Supreme Court based its judgment on (primarily) the UN Climate Convention and on the Dutch State’s legal duties to protect the life and well-being of citizens in the Netherlands, which obligations are laid down in the European Convention for the Protection of Human Rights and Fundamental Freedoms (the “ECHR”). According to the Dutch Supreme Court, there is a large degree of consensus in the scientific and international community on the urgent need for developed countries to reduce greenhouse gas emissions by at least 25% by the end of 2020 and the Dutch State has insufficiently reasoned why a lower reduction would be justified. The Dutch State has argued that it is up to politicians to decide on the reduction of greenhouse gas emissions, not the courts. According to the Dutch Supreme Court, however, the Dutch Constitution requires the Dutch courts to apply the provisions of the ECHR and this role of the courts to offer legal protection is an essential element of a democracy under the rule of law. The Dutch courts are responsible for guarding the limits of the law and, according to the Dutch Supreme Court, this provided a basis for the decision of the Court of Appeal of The Hague.

Conclusion

The Dutch Supreme Court ruled, on account of the risks of climate change which could also have a serious impact on the rights to life and well-being of residents of the Netherlands, that the Court of Appeal of The Hague was allowed and could decide that the Dutch State is obliged to achieve the 25% reduction by the end of 2020. An English press release by the Dutch Supreme Court can be found here.

Response by the Dutch State

On 20 December 2019, the Dutch State published a statement in which it declares that it has taken note of the judgment and, given the wider importance, will carefully study it and respond to it in the second half of January 2020. The Dutch State also declared that, in June 2019, it already announced measures which aim for a 25% reduction of greenhouse gas and that, in November 2019, it announced more measures due to estimates found in the Climate and Energy Report 2019 (supported by the Dutch State). Additionally, the Dutch State declared that it will continue to work on measures aimed at both greenhouse gas and nitrogen reduction.