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
t. +32 (0)2 808 4323
www.clientearth.org
@ClientEarth
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