A report by the Grantham Research Institute on Climate Change and the Environment at the London School of Economics and Political Science has projected that the EU’s ‘Fit for 55’ decarbonisation package will lead to a “growth in climate litigation cases”. The report said that much of the litigation will likely involve “challenges to government action or inaction”. Fit for 55 encompasses a collection of measures aimed at keeping the EU on track to deliver on its 2030 climate target of 55%. The report predicts the four main types of litigation cases they expect to be filed over the coming years after the Fit-for-55 is adopted, which includes: litigation focused on the extension of the European Union Emissions Trading System, ‘government framework’ litigation, just transition’ litigation and disputes over what constitutes renewable energy. The report’s authors said that there is “a high likelihood that states may be involved in litigation, as both defendants and plaintiffs, particularly as civil society activists seek to ensure that national level policies and action are as ambitious as possible, and as controversies over the type and nature of new energy technologies continue to play out”.
New report assesses the changing landscape of climate legislation and litigation in the EU and considers what role courts might play in shaping Europe’s low carbon transition #FF55 #EUGreenDealhttps://t.co/XS75VZkaVo pic.twitter.com/l1PipwManS
— Grantham LSE (@GRI_LSE) March 23, 2023