Dutch climate lawyers are expressing support for a recent German court ruling that suggests major emitters could be held liable for climate damage. This marks a potential turning point in climate litigation, shifting the focus from future emissions to the consequences of past actions.
Experts believe this ruling could set a precedent for future cases, particularly those involving communities disproportionately affected by climate change, such as residents of island nations facing rising sea levels.
The significance of the ruling lies in the court’s acknowledgment of the possibility of recovering climate damage from companies based on their historical emissions. Previous climate cases primarily focused on limiting future emissions, making this decision a novel development.
While a Peruvian mountain guide’s claim against a German energy company was unsuccessful, lawyers suggest that future cases with stronger evidence and factual basis could be more successful. The ruling specifically targets major carbon emitters, limiting the scope of potential lawsuits and focusing on those most responsible for historical emissions.