Challenging Legal Standing in Climate Change Litigation

Abstract Associations and private individuals, groups of young people and groups of senior women, farmers and workers, present and future generations, mayors and whole towns, trees and woods, water and rivers: the list of claimants in climate change litigation is wide and varied. Indeed, since everyone and no one in particular has the right to a healthy climate, determining claimants’ legal standing in climate disputes is of paramount importance. Rules of proceedings are sometimes of help, providing ad hoc standing for public interest litigations. In other cases, however, judges have to manage the claim according to the traditional rules of proceedings, which generally require claimants to demonstrate their direct and personal concern. Thus, since legal standing is one of the first hurdles that activists must overcome to succeed in climate disputes, procedural law may provide judges with the grounds for meaningful decisions as well as a way to avoid ‘political’ decisions. In this paper, after analysing why civil litigation is proving to be the only suitable path for climate activists in the Italian legal order, I therefore intend to address four key ‘standing-orientated’ climate cases and namely the Dutch case of Urgenda, the Canadian case of ENvironnement JEUnesse, the Belgian case of Klimaatzaak, and the Swiss case of KlimaSeniorinnen. Having completed this analysis, and returning to the Italian case, the possible outcomes related to the claimants’ legal standing are then explored, both with respect to the associations and the individuals involved in the case.

Authors

Institutions

Publication Details

Journal
International journal of procedural law.
Published
2024-09-05
DOI
https://doi.org/10.1163/30504856-14010003
Citations
1
Primary Topic
Environmental law and policy
Type
article
Field-Weighted Citation Impact
4.07
Controls
|||
ALL TIME
JAN
FEB
MAR
APR
MAY
JUN
JUL
AUG
SEP
OCT
article

Challenging Legal Standing in Climate Change Litigation

Davide Castagno
1 citations
International journal of procedural law.
Environmental law and policy
4.07
article

Challenging Legal Standing in Climate Change Litigation

Davide Castagno
article en
1 citations

Abstract

Abstract Associations and private individuals, groups of young people and groups of senior women, farmers and workers, present and future generations, mayors and whole towns, trees and woods, water and rivers: the list of claimants in climate change litigation is wide and varied. Indeed, since everyone and no one in particular has the right to a healthy climate, determining claimants’ legal standing in climate disputes is of paramount importance. Rules of proceedings are sometimes of help, providing ad hoc standing for public interest litigations. In other cases, however, judges have to manage the claim according to the traditional rules of proceedings, which generally require claimants to demonstrate their direct and personal concern. Thus, since legal standing is one of the first hurdles that activists must overcome to succeed in climate disputes, procedural law may provide judges with the grounds for meaningful decisions as well as a way to avoid ‘political’ decisions. In this paper, after analysing why civil litigation is proving to be the only suitable path for climate activists in the Italian legal order, I therefore intend to address four key ‘standing-orientated’ climate cases and namely the Dutch case of Urgenda, the Canadian case of ENvironnement JEUnesse, the Belgian case of Klimaatzaak, and the Swiss case of KlimaSeniorinnen. Having completed this analysis, and returning to the Italian case, the possible outcomes related to the claimants’ legal standing are then explored, both with respect to the associations and the individuals involved in the case.

International journal of procedural law.Vol. 14(1)
University of Turin (IT)
Climate action
Openalex Percentile: Top 8%
Environmental law and policy
4.07
AI Navigator

Ask Laika to Summarize, Analyze, and Connect papers live on the map.

Summarize Papers & Methodologies

Extract key findings, datasets, and comparative methods across publications.

Benchmark Rankings & Visual Analytics

Rank top research institutions, authors, funders, topics, and journals by Field-Weighted Citation Impact (FWCI) and paper volume with instant charts.

Connect Distant Disciplines

Bridge topological clusters on the map to find hidden collaborative intersections.