While climate litigation against private actors in Brazil has been gaining more attention and employing creative legal strategies, as we have already commented here and here, litigation against the government is also keeping pace, as illustrated by a recent case filed against the Brazilian Federal Government and the Ministry of Environment.

On October 26, just a week before the Glasgow Climate Change Conference (COP26), 70 NGOs led by Observatório do Clima filed a public civil action claiming that the current Brazilian National Policy on Climate Change, set forth by Law no. 12,187/2009, is inadequate and unable to provide a response to the current climate crisis. As such, the plaintiffs require that the policy be updated with new commitments, effectively fit to contribute in the fight against climate change.


Continue Reading Climate Litigation in Brazil: New Developments in Seeking Government Action Towards More Ambitious Legislation

Following global trends of climate litigation against governments evolving to litigation against private entities, a new lawsuit recently filed in Brazil is an interesting development in the country. In this blog post, we provide an overview on this new lawsuit in consideration to what is next in climate litigation in Brazil.

Continue Reading Climate litigation in Brazil: new strategy from prosecutors on climate litigation against private entities

As our readers are well aware, climate change and stakeholder litigation is on a global uptrend as it has never been before. Whether claims are brought against governments or companies, whether these claims are accepted or dismissed, and whether they involve domestic or cross-border matters, there is already a plethora of precedents worldwide involving climate issues and stakeholder litigation, each playing their own part on the grand scheme of legal measures and instruments available for fighting global warming. However, only a handful of these precedents are as significant as the decision issued on May 26th, 2021, by the Hague District Court in Milieudefensie et. al. v. Royal Dutch Shell.

In summary, the Hague District Court has ordered Shell to reduce its CO2 emission levels by 45% by 2030, compared to 2019 levels. In this Blog Post, we provide an overview on this decision and on how it may be a game changer when it comes to climate change and stakeholder litigation.


Continue Reading Unprecedented Decision Sets a Milestone for Climate Change Litigation Cases: What’s Next?