A%20UN%20resolution%20was%20adopted%20on%20Wednesday%20that%20should%20make%20it%20easier%20to%20hold%20polluting%20countries%20legally%20accountable%20for%20failing%20to%20tackle%20the%20climate%20emergency%2C%20in%20a%20vote%20which%20was%20hailed%20as%20a%20historic%20victory%20for%20climate%20justice.%0A%0AThe%20UN%20general%20assembly%20adopted%20by%20consensus%20the%20resolution%20spearheaded%20by%20Vanuatu%2C%20a%20tiny%20Pacific%20island%20nation%20vulnerable%20to%20extreme%20climate%20effects%2C%20and%20youth%20activists%20to%20secure%20a%20legal%20opinion%20from%20the%20international%20court%20of%20justice%20(ICJ)%20to%20clarify%20states%E2%80%99%20obligations%20to%20tackle%20the%20climate%20crisis%20%E2%80%93%20and%20specify%20any%20consequences%20countries%20should%20face%20for%20inaction.%0A%0A%E2%80%9CToday%20we%20have%20witnessed%20a%20win%20for%20climate%20justice%20of%20epic%20proportions%2C%E2%80%9D%20said%20Ishmael%20Kalsakau%2C%20prime%20minister%20of%20Vanuatu.%20%E2%80%9CToday%E2%80%99s%20historic%20resolution%20is%20the%20beginning%20of%20a%20new%20era%20in%20multilateral%20climate%20cooperation%2C%20one%20that%20is%20more%20fully%20focused%20on%20upholding%20the%20rule%20of%20international%20law%20and%20an%20era%20that%20places%20human%20rights%20and%20intergenerational%20equity%20at%20the%20forefront%20of%20climate%20decision-making.%E2%80%9D%0A%0A%E2%80%9CWe%20are%20just%20ecstatic%20that%20the%20world%20has%20listened%20to%20the%20Pacific%20youth%2C%E2%80%9D%20said%20Cynthia%20Houniuhi%2C%20president%20of%20Pacific%20Island%20students%20fighting%20climate%20change%20(PISFCC).%20%E2%80%9CThrough%20no%20fault%20of%20our%20own%2C%20we%20are%20living%20with%20devastating%20tropical%20cyclones%2C%20flooding%2C%20biodiversity%20loss%20and%20sea%20level%20rise.%20We%20have%20contributed%20the%20least%20to%20the%20global%20emissions%20that%20are%20drowning%20our%20land.%0A%0A%E2%80%9CAs%20young%20people%2C%20the%20world%E2%80%99s%20failure%20to%20stop%20planet-killing%20emissions%20is%20not%20a%20theoretical%20problem.%20It%20is%20our%20present%20and%20it%20is%20our%20future%20that%20is%20being%20sold%20out.%E2%80%9D%0A%0AThe%20resolution%2C%20which%20was%20co-sponsored%20by%20more%20than%20120%20countries%20including%20the%20UK%2C%20but%20not%20the%20US%2C%20will%20help%20establish%20a%20legal%20litmus%20test%20of%20sorts%20for%20the%20global%20climate%20justice%20movement%20seeking%20to%20hold%20countries%20to%20account%20for%20climate%20failures%20in%20the%20courts.%0A%0AIt%20comes%20on%20the%20day%20the%20Biden%20administration%20opened%20an%20auction%20to%20drill%2073m%20acres%20of%20the%20Gulf%20of%20Mexico%20for%20oil%20and%20gas%20%E2%80%93%20and%20just%20days%20after%20the%20self-acclaimed%20%E2%80%9Cclimate%20president%E2%80%9D%20approved%20a%20massive%2C%20multi-decade-long%20oil%20and%20gas%20drilling%20project%20in%20Alaska%2C%20which%20will%20create%20one%20of%20the%20largest%20%E2%80%9Ccarbon%20bombs%E2%80%9D%20on%20US%20soil.%0A%0AWhile%20the%20opinion%20from%20the%20world%E2%80%99s%20highest%20court%20will%20not%20be%20binding%20in%20domestic%20courts%2C%20establishing%20international%20legal%20rules%20can%20be%20influential%20on%20judges%20and%20governments.%20It%20also%20represents%20the%20first%20attempt%20to%20establish%20climate%20action%20obligations%20under%20international%20law%2C%20which%20advocates%20hope%20will%20strengthen%20climate-related%20litigation%20by%20helping%20vulnerable%20states%20and%20advocates%20hold%20countries%20accountable%20for%20their%20action%20and%20inaction.%0A%0A%0AThe%20resolution%20emerged%20out%20of%20mounting%20frustration%20at%20the%20mismatch%20between%20the%20global%20community%E2%80%99s%20rhetoric%20and%20action%20on%20climate%20change%2C%20amid%20escalating%20losses%20for%20countries%20such%20as%20Vanuatu%2C%20which%20face%20an%20existential%20threat%20due%20to%20sea-level%20rise.%20The%20frustration%20spurned%20a%20social%20movement%20led%20by%20Vanuatu%20law%20students%20turned%20youth%20activists%2C%20and%20work%20on%20the%20resolution%20was%20led%20by%20Indigenous%20lawyers%20in%20the%20Pacific.%0A%0AIn%20essence%2C%20the%20ICJ%20advisory%20will%20help%20establish%20whether%20there%20is%20legal%20obligation%20for%20countries%20to%20do%20what%20they%20have%20committed%20to%20in%20non-binding%20treaties%20such%20as%20the%202015%20Paris%20climate%20accord%2C%20and%20whether%20failure%20to%20do%20so%20can%20be%20challenged%20through%20litigation.%0A%0AIt%20comes%20a%20week%20after%20the%20final%20report%20by%20the%20IPCC%2C%20which%20underscored%20the%20urgent%20need%20to%20phase%20out%20fossil%20fuels%20to%20curtail%20global%20heating%20and%20avoid%20catastrophic%20climate%20chaos.%20Transitioning%20to%20renewables%20and%20green%20technology%20is%20not%20enough%2C%20warned%20scientists%2C%20fossil%20fuels%20projects%20must%20be%20phased%20out%2C%20not%20expanded.%0A%0AHarjeet%20Singh%2C%20head%20of%20global%20political%20strategy%20at%20Climate%20Action%20Network%20International%2C%20said%3A%20%E2%80%9CThe%20UN%20resolution%20to%20take%20the%20issue%20of%20climate%20change%20to%20the%20world%E2%80%99s%20highest%20court%20is%20a%20historic%20moment%20in%20the%20fight%20for%20climate%20justice%2C%20human%20rights%20and%20intergenerational%20equity.%0A%0A%E2%80%9CThe%20advisory%20opinion%20must%20serve%20as%20an%20important%20accountability%20tool%20towards%20states%20obligations%20in%20protecting%20the%20environment%20and%20future%20generations%20from%20climate%20impacts.%E2%80%9D%0A%0AVanuatu%2C%20an%20archipelago%20of%20islands%20500%20miles%20west%20of%20Fiji%20with%20about%20325%2C000%20habitants%2C%20was%20last%20month%20hit%20by%20two%20category%204%20hurricanes%20within%2072%20hours%20of%20each%20other.%20They%20caused%20widespread%20infrastructure%20damage%2C%20evacuation%20and%20left%20residents%20without%20water%20and%20electricity%20for%20several%20days.

UN adopts landmark resolution on climate justice

The%20European%20Parliament%20gave%20its%20final%20approval%20to%20tougher%20national%20targets%20to%20cut%20emissions%20in%20some%20sectors%2C%20and%20expand%20CO2-absorbing%20natural%20ecosystems%20like%20forests.%0A%0AThe%20two%20laws%20are%20part%20of%20a%20major%20package%20of%20climate%20change%20legislation%20passing%20through%20the%20European%20Union's%20policymaking%20process%2C%20designed%20to%20ensure%20the%2027-country%20bloc%20cuts%20greenhouse%20gas%20emissions%2055%25%20by%202030%2C%20from%201990%20levels.%0A%0AOne%20regulation%20sets%20national%20targets%20to%20slash%20planet-warming%20emissions%20in%20sectors%20including%20road%20transport%2C%20heating%20of%20buildings%2C%20agriculture%20and%20waste%20management.%0A%0AThese%20sectors%2C%20unlike%20industry%20and%20the%20power%20sector%2C%20are%20not%20covered%20by%20the%20EU's%20carbon%20market%2C%20but%20generate%20about%2060%25%20of%20EU%20greenhouse%20gas%20emissions.%0A%0AThe%20new%20law%20aims%20to%20curb%20their%20emissions%2040%25%20by%202030%2C%20compared%20with%202005.%20It%20replaces%20a%20current%20target%20for%20a%2030%25%20cut%20in%20these%20sectors.%0A%0ARicher%20countries%20face%20tougher%20targets%2C%20with%20Denmark%2C%20Finland%2C%20Germany%2C%20Luxembourg%20and%20Sweden%20facing%2050%25%20emission%20cuts%2C%20versus%20Bulgaria's%2010%25%20goal.%20The%20new%20law%20also%20tightens%20the%20amount%20of%20emissions%20savings%20from%20past%20or%20future%20years%20that%20countries%20can%20%22bank%22%20and%20%22borrow%22%20to%20meet%20their%20targets.%0A%0A%22The%20new%20rules%20for%20national%20emission%20cuts%20ensure%20that%20all%20member%20states%20contribute%2C%22%20said%20Jessica%20Polfj%C3%A4rd%2C%20lead%20lawmaker%20on%20the%20file.%0A%0AThe%20second%20law%20would%20expand%20Europe's%20forests%2C%20marshes%20and%20other%20%22sinks%22%20that%20absorb%20CO2%20from%20the%20atmosphere%2C%20to%20ensure%20this%20sector%20removes%20a%20net%20310%20million%20tonnes%20of%20CO2%20equivalent%20by%202030%20-%20a%20roughly%2015%25%20increase%20from%20today.%0A%0AThe%20aim%20is%20to%20reverse%20a%20recent%20decline%20in%20Europe's%20carbon%20sinks%2C%20which%20can%20be%20done%20by%20recreating%20old%20forests%20or%20generating%20new%20ones%2C%20rewetting%20peatland%20or%20changing%20farming%20practices%20such%20as%20reduced%20tilling%20to%20trap%20more%20carbon%20in%20the%20soil.%0A%0AEach%20EU%20country%20would%20face%20binding%20targets%20to%20absorb%20more%20emissions%20so%20that%20the%20EU-wide%20goal%20is%20reached.%0A%0AThe%20EU%20Parliament%20approved%20both%20laws%20with%20a%20comfortable%20majority.%20EU%20countries%20will%20vote%20on%20them%20in%20the%20coming%20months%2C%20and%20if%20approved%2C%20the%20laws%20will%20enter%20into%20force.%0A%0AEU%20countries%20and%20lawmakers%20agreed%20the%20details%20last%20year%20after%20months%20of%20negotiations%2C%20so%20the%20final%20votes%20typically%20approve%20laws%20with%20no%20changes.

EU countries approve CO2-cutting targets

European%20Union%20lawmakers%20on%20Tuesday%20toughened%20up%20a%20draft%20law%20to%20crack%20down%20on%20illegal%20timber%20trade%20and%20other%20crimes%20against%20the%20environment%2C%20with%20sanctions%20that%20include%20imprisonment%20for%20up%20to%2010%20years%20for%20the%20most%20serious%20offences.%0A%0AThe%20EU%20draft%20law%2C%20proposed%20in%20December%202021%2C%20updates%20and%20introduces%20bloc-wide%20definitions%20of%20environmental%20crimes%20to%20help%20protect%20biodiversity%2C%20including%20the%20combatting%20of%20illegal%20abstraction%20of%20water%2C%20with%20minimum%20sanctions%20that%20EU%20states%20would%20have%20to%20apply.%0A%0A%22There%20can%20be%20no%20more%20excuses%20when%20it%20comes%20to%20environmental%20crime%2C%22%20Dutch%20centre-right%20member%20of%20the%20European%20Parliament's%20legal%20affairs%20committee%2C%20Antonius%20Manders%2C%20said%20in%20a%20statement.%0A%0AThe%20committee%20backed%20cross-party%20compromises%20to%20toughen%20the%20draft%20law%2C%20including%20a%20requirement%20for%20EU%20states%20to%20ensure%20that%20any%20conduct%20which%20causes%20or%20is%20likely%20to%20cause%20death%20or%20serious%20harm%20to%20any%20person%E2%80%99s%20health%2C%20quality%20of%20air%2C%20soil%2C%20water%2C%20animals%20or%20plants%20constitutes%20a%20criminal%20offence.%0A%0ASuch%20offences%20should%20be%20punishable%20by%20at%20least%2010%20years%20in%20prison%2C%20the%20committee%20agreed.%0A%0AThe%20committee%20backed%20fines%20of%20up%20to%2010%25%20of%20a%20company's%20average%20worldwide%20turnover%20in%20the%20three%20business%20years%20preceding%20the%20fine%2C%20tougher%20than%20the%203%25%20of%20worldwide%20turnover%20in%20the%20previous%20one%20year%20proposed%20in%20the%20draft%20law.%0A%0AIt%20also%20backed%20a%20clause%20saying%20that%20member%20states%20%22shall%20ensure%20that%20from%20the%20moment%20a%20conduct%20becomes%20unlawful%2C%20the%20perpetrator%20cannot%20invoke%20the%20issuance%20of%20an%20authorisation%20to%20be%20exempted%20of%20any%20criminal%20liability%22.%0A%0AParliament%20has%20joint%20say%20with%20EU%20states%20on%20the%20draft%20law%2C%20and%20member%20countries%20in%20December%20reached%20their%20own%20position%20ahead%20of%20joint%20negotiations%20with%20parliament%20that%20will%20begin%20in%20the%20coming%20months.

EU: tightening bill on environmental crimes

Shooting%20birds%20using%20lead%20shot%20will%20be%20banned%20in%20all%20wetlands%20in%20the%20European%20Union%20from%20this%20week.%20The%20law%20will%20apply%20to%20all%2027%20EU%20countries%2C%20as%20well%20as%20Iceland%2C%20Norway%20and%20Liechtenstein.%20An%20estimated%20one%20million%20waterbirds%20die%20of%20lead%20poisoning%20in%20the%20EU%20every%20year.%0A%0AUnder%20the%20ban%20adopted%20by%20the%20European%20Commission%20from%2016%20February%2C%20shooters%20will%20have%20to%20use%20non-toxic%20ammunition%20such%20as%20steel%2C%20bismuth%20or%20other%20non-toxic%20metals%20in%20or%20within%20100%20metres%20of%20wetlands.%0A%0AThe%20move%20has%20been%20welcomed%20by%20campaigners.%20%E2%80%9CThis%20is%20huge%2C%E2%80%9D%20said%20Barbara%20Herrero%2C%20senior%20EU%20nature%20policy%20officer%20at%20BirdLife%20Europe.%20%E2%80%9CDespite%20banning%20lead%20from%20paint%2C%20pencils%20and%20virtually%20everything%20else%20several%20decades%20ago%2C%20it%20was%20still%20allowed%20to%20poison%20our%20shared%20environment%20%E2%80%93%20even%20when%20alternatives%20exist.%0A%0A%E2%80%9CWith%20this%20ban%2C%20the%20EU%20has%20addressed%20a%20significant%20part%20of%20the%20problem.%20We%20now%20call%20on%20EU%20countries%20to%20make%20sure%20the%20ban%20is%20enforced.%E2%80%9D%0A%0AIn%20the%20EU%2C%2044%2C000%20tonnes%20of%20lead%20ends%20up%20in%20the%20environment%20every%20year%3B%2057%25%20from%20sports%20shooting%2C%2032%25%20from%20hunting%2C%20and%2011%25%20from%20fishing.%0A%0AWaterbirds%20are%20believed%20to%20eat%20the%20shot%2C%20mistaking%20it%20for%20food%20or%20grit%2C%20which%20they%20need%20to%20help%20digest%20food.%20Scavengers%20and%20predatory%20birds%20are%20poisoned%20by%20eating%20lead%20shot%20in%20their%20prey.%20Birds%20that%20have%20ingested%20lead%20are%20often%20weakened%20due%20to%20the%20release%20of%20dangerous%20toxins%20and%20are%20more%20likely%20to%20be%20targeted%20by%20predators%2C%20which%20in%20turn%20spreads%20the%20contamination%20through%20the%20ecosystem.%0A%0A%E2%80%9CIt%E2%80%99s%20such%20a%20huge%20milestone%2C%E2%80%9D%20said%20Dr%20Julia%20Newth%2C%20from%20the%20Wildfowl%20%26%20Wetlands%20Trust%20(WWT).%20%E2%80%9CLead%20shot%20has%20been%20contaminating%20wetlands%20for%20more%20than%20a%20century%3B%20finally%2C%20this%20law%20is%20coming%20into%20force.%20It%E2%80%99s%20something%20to%20be%20celebrated%2C%20but%20there%20is%20more%20work%20to%20be%20done%2C%20with%20wider%20restrictions%20currently%20being%20considered%20in%20the%20European%20Union.%E2%80%9D%0A%0AThe%20UK%2C%20where%20up%20to%20100%2C000%20waterbirds%20die%20of%20lead%20poisoning%20each%20year%2C%20is%20considering%20introducing%20wider%20restrictions%20on%20lead%20ammunition%20across%20all%20habitats%2C%20with%20a%20decision%20pushed%20back%20to%20next%20year.%0A%0ANewth%20supports%20a%20complete%20ban%20on%20lead%20ammunition%20in%20all%20British%20habitats.%20%E2%80%9CMany%20species%20of%20waterbirds%2C%20such%20as%20Bewick%E2%80%99s%20swans%2C%20feed%20outside%20wetlands%20in%20areas%20where%20it%20is%20currently%20legal%20to%20shoot%20with%20lead%20and%20become%20poisoned%2C%E2%80%9D%20she%20said.%20%E2%80%9CWe%20know%20current%20restrictions%20aren%E2%80%99t%20working.%E2%80%9D%0A%0AIn%20England%20and%20Wales%2C%20using%20lead%20shot%20to%20kill%20wildfowl%20on%20foreshores%20and%20listed%20wetlands%20is%20banned%2C%20but%20researchers%20say%20there%20is%20poor%20compliance.%20Lead%20shot%20is%20already%20banned%20in%20wetlands%20in%20Northern%20Ireland%20and%20Scotland%2C%20but%20according%20to%20the%20WWT%2C%20the%20number%20of%20birds%20eating%20it%20has%20not%20gone%20down.%20This%20could%20be%20because%20shooters%20are%20continuing%20to%20use%20it%20or%20because%20the%20birds%20have%20been%20eating%20lead%20shot%20in%20fields%20where%20it%20can%20still%20be%20used.%0A%0AGame%20killed%20with%20lead%20shot%20is%20also%20a%20risk%20to%20people%2C%20potentially%20harming%20the%20developing%20brain%20and%20nervous%20system%2C%20with%20children%20and%20pregnant%20women%20most%20vulnerable.%20Waitrose%20%E2%80%93%20Britain%E2%80%99s%20largest%20retailer%20of%20game%20%E2%80%93%20has%20banned%20the%20sale%20of%20game%20shot%20with%20lead%20due%20to%20these%20health%20concerns.%0A%0AUsing%20lead%20shot%20over%20any%20land%20is%20already%20banned%20in%20Denmark%2C%20the%20Netherlands%20and%20the%20Flanders%20region%20of%20Belgium%2C%20with%20steel%20a%20popular%20alternative.%20France%2C%20Greece%2C%20Sweden%2C%20Bulgaria%2C%20Slovakia%2C%20Cyprus%2C%20Luxembourg%20and%20Malta%20have%20bans%20in%20place%20in%20wetlands.%20Other%20countries%20have%20partial%20bans%20in%20place%2C%20either%20on%20specific%20wetlands%20or%20for%20use%20on%20waterfowl.%20Poland%2C%20Romania%20and%20Ireland%20have%20no%20restrictions%20at%20all.%0A%0A%E2%80%9CThis%20EU-wide%20restriction%20harmonises%20the%20national%20legislation%20already%20in%20place%20in%20various%20forms%2C%E2%80%9D%20says%20the%20EU%E2%80%99s%20European%20Chemicals%20Agency%2C%20which%20is%20pushing%20for%20more%20extensive%20bans%20across%20the%20union%2C%20including%20bullets%20used%20in%20hunting%20and%20outdoor%20sports%20shooting%2C%20as%20well%20as%20lead%20used%20as%20weights%20and%20in%20lures%20for%20angling.%0A%0AWetlands%2C%20which%20make%20up%2011%25%20of%20the%20EU%2C%20include%20many%20wildlife-rich%20habitats%20including%20estuaries%2C%20deltas%2C%20rivers%2C%20floodplains%2C%20lakes%2C%20freshwater%20marshes%2C%20peatlands%20and%20artificial%20wetlands.%20Enforcement%20officers%2C%20which%20could%20be%20national%20police%20or%20protected%20area%20rangers%2C%20will%20be%20monitoring%20whether%20people%20are%20using%20lead%20shot.

Ban on hunting birds with lead shot in EU wetlands

The%20supreme%20court%20of%20Brazil%20has%20ruled%20that%20the%20Paris%20Agreement%2C%20an%20international%20treaty%20adopted%20in%202015%20to%20limit%20global%20warming%20to%202%C2%B0C%20or%2C%20preferably%2C%201.5%C2%B0C%2C%20is%20a%20human%20rights%20treaty%20that%20must%20take%20precedence%20over%20national%20laws.%20Brazil%20is%20the%20first%20country%20to%20declare%20such%20a%20ruling.%0A%0AIn%20the%20case%20PSB%20et%20al.%20v.%20Brazil%20(on%20Climate%20Fund)%20(ADPF%20708)%2C%20Brazil%E2%80%99s%20supreme%20court%20stated%20that%20the%20Paris%20Agreement%20is%20a%20%E2%80%9Csupranational%E2%80%9D%20human%20rights%20treaty.%20The%20case%20was%20filed%20by%20four%20political%20parties%20(the%20Workers%E2%80%99%20Party%2C%20Socialism%20and%20Liberty%20Party%2C%20Brazilian%20Socialist%20Party%20and%20Sustainability%20Network)%20after%20the%20government%20failed%20to%20distribute%20money%20from%20the%20national%20Climate%20Fund%20(Fundo%20Clima)%20since%202019.%20The%20fund%20was%20initially%20set%20up%20in%202009.%0A%0AThe%20Brazilian%20government%20argued%20that%20the%20Climate%20Fund%20was%20not%20constitutionally%20protected%20and%20court%20interference%20would%20violate%20the%20country%E2%80%99s%20separation%20of%20powers.%0A%0AThe%20Supreme%20Federal%20Court%20ruled%2C%20%E2%80%9CTreaties%20on%20environmental%20law%20are%20a%20type%20of%20human%20rights%20treaty%20and%2C%20for%20that%20reason%2C%20enjoy%20supranational%20status.%20There%20is%20therefore%20no%20legally%20valid%20option%20to%20simply%20omit%20to%20combat%20climate%20change.%E2%80%9D%0A%0AThe%20ruling%20also%20means%20that%20any%20laws%20made%20by%20the%20Brazilian%20government%20will%20be%20invalid%20if%20they%20contradict%20the%20Paris%20Agreement%2C%20and%20violating%20this%20ruling%20or%20the%20Paris%20Agreement%20is%20a%20violation%20of%20the%20country%E2%80%99s%20constitution%20and%20human%20rights.%0A%0A%E2%80%9CThe%20constitutional%20duty%20to%20allocate%20the%20funds%20effectively%20means%20that%20there%20is%20a%20duty%20to%20mitigate%20climate%20change%20considering%20the%20international%20commitments%20under%20the%20climate%20change%20framework%2C%E2%80%9D%20Columbia%20University%E2%80%99s%20Sabin%20Center%20for%20Climate%20Change%20Law%20case%20chart%20explained.%0A%0AThe%20Supreme%20Federal%20Court%20of%20Brazil%20is%20soon%20set%20to%20rule%20on%20two%20additional%20climate%20cases%2C%20one%20which%20is%20arguing%20for%20implementing%20the%20Action%20Plan%20for%20Prevention%20and%20Control%20of%20Deforestation%20in%20the%20Amazon%20and%20the%20other%20which%20argues%20that%20the%20government%20has%20failed%20to%20manage%20the%20Amazon%20Fund.%20Funding%20for%20the%20Amazon%20has%20been%20in%20steady%20decline%20since%20Jair%20Bolsonaro%20became%20president%2C%20Climate%20Home%20News%20reported.%0A%0ABrazil%20is%20considered%20%E2%80%98highly%20insufficient%E2%80%99%20in%20its%20climate%20actions%20to%20meet%20Paris%20Agreement%20targets%2C%20and%20deforestation%20is%20its%20No.%201%20source%20of%20emissions%2C%20followed%20by%20agriculture.%20With%20business%20as%20usual%2C%20Brazil%20would%20contribute%20to%20an%20estimated%204%C2%B0C%20of%20warming.%20Even%20if%20it%20fully%20implemented%20current%20policies%2C%20Brazil%20would%20still%20only%20reach%20a%20target%20of%203%C2%B0C%20warming.%20%0A%0ABut%20the%20ruling%20could%20help%20more%20climate%20policies%20to%20be%20properly%20implemented%20on%20the%20basis%20of%20human%20rights.%20The%20ruling%20in%20PSB%20et%20al.%20v.%20Brazil%20(on%20Climate%20Fund)%20could%20create%20a%20lasting%20impact%20outside%20of%20Brazil%2C%20too.%0A%0ACaio%20Borges%2C%20a%20law%20and%20climate%20portfolio%20manager%20at%20the%20Instituto%20Clima%20e%20Sociedade%20(iCS)%20in%20Brazil%2C%20told%20Climate%20Home%20News%20of%20the%20ruling%2C%20%E2%80%9CHaving%20a%20constitutional%20court%20qualifying%20the%20Paris%20Agreement%20as%20a%20human%20rights%20treaty%20may%20spur%20a%20global%20movement%20for%20the%20courts%20to%20follow%20suit%20in%20that%20recognition.%E2%80%9D

Advances in climate rights in courts of the world

February%208%2C%202022%2C%20Denver%2C%20Colo.%20%E2%80%93%20In%20the%20first%20ruling%20of%20its%20kind%2C%20the%20United%20States%20Court%20of%20Appeals%20for%20the%20Tenth%20Circuit%20ruled%20today%20that%20the%20historic%20climate%20accountability%20lawsuits%20filed%20by%20Boulder%20County%2C%20San%20Miguel%20County%2C%20and%20the%20City%20of%20Boulder%20will%20continue%20to%20proceed%20in%20state%2C%20rather%20than%20federal%2C%20court.%20This%20decision%20sets%20a%20precedent%20for%20more%20than%20two%20dozen%20similar%20cases%20across%20the%20country.%0A%0AThe%20cases%2C%20against%20oil%20companies%20Exxon%20Mobil%20and%20Suncor%20for%20their%20decades%20of%20misinformation%20and%20other%20contributions%20to%20the%20climate%20crisis%2C%20had%20been%20proceeding%20in%20state%20court%20following%20an%20initial%20decision%20from%20the%20Tenth%20Circuit%20in%202020.%20Last%20year%2C%20however%2C%20the%20Supreme%20Court%20decided%20in%20BP%20v.%20Baltimore%20that%20the%20appeals%20court%20had%20to%20take%20another%20look%20at%20the%20issues%20in%20this%20case%20and%20several%20other%20climate%20accountability%20cases.%20%0A%0A%E2%80%9CThis%20is%20a%20massive%20win%20for%20the%20people%20of%20Colorado%20and%20for%20all%20communities%20on%20the%20frontlines%20of%20the%20climate%20crisis%2C%E2%80%9D%20said%20Marco%20Simons%2C%20General%20Counsel%20for%20EarthRights%20International%2C%20which%20represents%20the%20plaintiff%20communities.%20%E2%80%9CThe%20oil%20companies%E2%80%99%20strategy%20has%20been%20to%20delay%20these%20cases%20and%20to%20move%20them%20from%20court%20to%20court.%20But%20these%20lawsuits%20are%20now%20moving%20again%2C%20bringing%20these%20communities%20closer%20to%20remedies%20for%20the%20serious%20climate%20harms%20they%20are%20facing.%E2%80%9D%0A%0ALast%20month%2C%20the%20Marshall%20Fire%20tore%20through%20Boulder%20County%2C%20causing%20unprecedented%20damage.%20Colorado%20has%20experienced%20significant%20warming%2C%20increased%20risk%20of%20wildfires%20and%20droughts%2C%20and%20reduced%20snowpack.%20Experts%20agree%20that%20these%20impacts%20are%20evidence%20of%20a%20climate%20changed%20by%20fossil%20fuel%20use.%20%0A%0A%E2%80%9CWe%20are%20pleased%20with%20the%20court%E2%80%99s%20decision%20to%20allow%20our%20groundbreaking%20lawsuit%20against%20Exxon%20and%20Suncor%20to%20proceed%20here%20in%20Colorado%2C%E2%80%9D%20said%20Boulder%20Mayor%20Aaron%20Brockett.%20%E2%80%9DBoulder%20and%20Boulder%20County%20know%20all%20too%20well%20the%20threats%20climate%20change%20poses%20to%20our%20communities.%20It%E2%80%99s%20time%20we%20make%20those%20responsible%20pay.%E2%80%9D%0A%0A%E2%80%9CWe%20are%20pleased%20the%20courts%20are%20moving%20this%20case%20forward%20because%20climate%20change%20and%20its%20devastating%20impacts%20on%20our%20communities%20are%20not%20waiting%2C%E2%80%9D%20said%20Marta%20Loachamin%2C%20chair%20of%20the%20Boulder%20County%20Board%20of%20Commissioners.%20%E2%80%9CThe%20destruction%20of%20the%20Marshall%20Fire%20underscores%20the%20urgency%20of%20the%20climate%20crisis%20and%20the%20importance%20of%20finding%20ways%20to%20pay%20for%20the%20costs%20of%20climate%20disasters%20so%20that%20we%20can%20rebuild%20and%20prepare%20for%20the%20next%20climate%20disaster.%E2%80%9D%0A%0A%E2%80%9CWe%20are%20facing%20climate%20change%20each%20and%20every%20day%2C%E2%80%9D%20added%20Kris%20Holstrom%2C%20chair%20of%20the%20San%20Miguel%20County%20Board%20of%20Commissioners.%20%E2%80%9CAddressing%20current%20impacts%20as%20a%20small%20local%20government%20falls%20increasingly%20on%20our%20taxpayers%20at%20a%20time%20when%20costs%20keep%20rising.%20We%20believe%20fossil%20fuel%20companies%20that%20have%20reaped%20huge%20financial%20benefits%20have%20a%20responsibility%20to%20pay%20for%20their%20contributions%20to%20climate%20change.%20We%20applaud%20this%20decision%20and%20look%20forward%20to%20having%20this%20matter%20heard%20in%20state%20court.%E2%80%9D%0A%0AThe%20Baltimore%20case%20itself%20was%20re-argued%20to%20the%20Fourth%20Circuit%20Court%20of%20Appeals%20on%20January%2025%2C%202022.%20A%20decision%20in%20that%20case%20and%20several%20others%20are%20pending.%20%E2%80%9CWe%20hope%20that%20other%20courts%20will%20follow%20the%20Tenth%20Circuit%E2%80%99s%20lead%2C%20and%20quickly%20move%20to%20allow%20these%20cases%20to%20proceed%20in%20state%20court%2C%E2%80%9D%20said%20Simons.