Using litigation strategically - ugo taddei

Using litigation strategically Presentation by: Ugo Taddei

Screening of This Changes Everything

19 January 2016

Contents

1. Litigation as a strategy

2. Threat of litigation

3. Types of claim

4. War stories

• ClientEarth is a non-profit environmental law

organisation

• We use law, science and policy to tackle key

environmental challenges

• We work on climate change, energy,

environmental justice, biodiversity, forests and

human health

Introduction to ClientEarth

Litigation as a strategy

Legislation

Implementation Enforcement

Why is it effective?

Threat of litigation…

A credible threat

of litigation

can be just as

effective as

actually issuing

court

proceedings (and

is a lot cheaper…)

Types of case

Private law action • Normally against a

private company or

individual

• e.g. Tort, company

law, fiduciary duty,

contract etc

Public law action • Against a state or

public authority

• e.g. Judicial review of

irrational decision,

breach of EU

directive by member

state etc

War stories

• Coal power plants

• Company law (Directors’ and Investors’ duties)

• Climate and clean air litigation

Breaches of PM10 limits (2012)

Source: EEA (2014)

Breaches of NO2 limits (2012)

Source: EEA (2014)

C-237-07 Janecek A right to clean air?

The European Court of Justice,

Luxembourg

“Where there is a risk that limit

values may be exceeded, persons

directly concerned can require the

competent authorities to draw up an action plan.”

The UK clean air case - media

"The next Government is now legally bound to take urgent action on this public health crisis."

“...some lawyers said Wednesday’s court judgment could trigger air quality legal challenges across Europe.”

“The order could see dramatic expansion of congestion charging and low emissions zones.”

“The outcome of today’s case could force the government to take bolder action on anti-pollution measures.”

Conclusion

• The enforcement gap and the need for citizens’

engagement

• Different litigation strategies

• Litigation as a campaigning tool

Thank you

Ugo Taddei

Lawyer

ClientEarth

utaddei@clientearth.org

t. +32 (0)2 808 4323

www.clientearth.org

@ClientEarth