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Welcome to the Climate Litigation wiki! This wiki is a resource for those interested in using the courts and legal system to address climate change and to achieve justice for those impacted.

Lawyers, law students, and others can find an introduction here to the most important precedents, resources, and considerations in climate litigation, and a road map to starting a climate change lawsuit in your own country.

In this wiki you will find:


 * Examples of climate litigation brought previously in various countries, and the important precedents that have been set


 * An overview of key considerations and principles relevant to climate litigation


 * Connections to other resources on climate litigation, including organizations that are on the frontlines of using the legal system to address climate change

Climate change is one of the greatest challenges facing our planet today. Using the legal system to address climate change and its impacts will be an essential part of the global effort to meet this challenge.

Getting Started
These key pages provide an overview of the field of climate litigation:


 * Why Climate Litigation?


 * Overview of Climate Litigation


 * Case Library


 * Resource Library


 * Arguments Used in Climate Litigation
 * General Strategies to Use in Climate Litigation
 * Arguments Used in Blocking Fossil Fuel Projects
 * Arguments Used to Sue Governments for Insufficient Response
 * Arguments Used to Sue Corporations for Causing Climate Change
 * Arguments Used to Sue Corporations for Greenwashing
 * Arguments Used to Sue Investors in Fossil Fuels


 * Scientific evidence that can be used in litigation


 * Obstacles to Climate Litigation


 * Further Legal Angles


 * Youth Lawsuits


 *  Country pages


 * International Courts & Jurisdictions


 * Organizations


 * Funding sources


 * Human Rights

This wiki is searchable. If there is something specific you are looking for, you can use the search bar at the top right.

Editing the wiki
'Save Lamu et al. v. National Environmental Management Authority and Amu Power Co.ltd'

In the Kenyan case on environmental protection ‹ref name= “Save Lamu et al. v. National Environmental Management Authority and Amu Power Co.ltd.”›‹/ref› the case was about the construction of a 5000MW coal-fired power plant in the Kwasi area of the Lamu county  by Amu Power Ltd in 2016. A claim was brought by the Save Lamu organisation  against The first and second defendant to the case. The Kenyan national environmental tribunal revoked an Environmental Impact Assessment(EIA) license previously awarded, on the grounds that the EIA report provided incomplete information on the environmental risk of the project and there was a violation in audit regulations. Thus leading the tribunal to adopt the ‹ref name= “Precautionary principle”›‹/ref›.

Relevant Law
Article 42 Article 70
 * Kenya ckimate change Act 2016
 * Kenya Environmental Management and Coordination Act 2009
 * Kenyan constitution


 * Kenya Climate change Act 2016

Status
The Case is still pending before the courts as either petitioners and respondents await the final verdict to be pronounced. The national environmental tribunal could definitely seek to either safeguard the right to a safe and healthy environment by maintaining its position against the coal plant or focus on the economic and social benefits as a whole flowing from such a huge project in the country.

Take away
The case case initiated in 2016 is still pending before the  court awaiting judgement. However, it is without a doubt that the decision shall resonate across the country and could probably open a floodgate for similar litigations if the decision favored the petitioners. Rather, a verdict pronounced in favor of the respondents would further consolidate the difficulty in bringing successful climate change litigation on the continent at large. That said, whatever the outcome may be, it shall provide a binding precedent to be applied in future decisions.

Links
[|Save Lamu et al. v. National Environmental Management Authority and Amu Power Co. Ltd.]

Access information on multilateral environmental agreement

Disclaimer
Disclaimer: The information on this wiki is not legal advice or a substitute for legal counsel. You should not rely or act upon this information without seeking professional advice from a lawyer in your jurisdiction.

About LINGO
This wiki was created by the Leave it in the Ground Initiative (LINGO). LINGO works on high-impact initiatives to speed up the global transition to 100% renewable energy and keeping fossil fuels in the ground. You can learn more at www.leave-it-in-the-ground.org.