Notre Affaire à Tous v. France

Four French NGO's sued the French State for failure to live up to its climate commitments. They argued that the government was failing to uphold its duties under the French Charter for the Environment and the European Convention for Human Rights. On February 3rd, 2021, the Administrative Court of Paris ruled against the French State, saying that it has failed to do enough to combat climate change.

Following Urgenda, this is an example of a court ruling that a countries response to climate change, considered in whole, has been insufficient. While the particular remedies are still forthcoming, this provides a strong precedent for litigation against other countries failing to adequately address climate change.

Background
In 2018, four French NGO's, Greenpeace France, Notre Affaire à Tous, Oxfam France, and Foundation pour la Nature et l’Homme, initiated a legal action against the French government for failure to act on climate change. The groups filed a request in the Paris Administrative Tribunal, claiming the French government is not taking the necessary measures to address the climate crisis and, in doing so, it is failing to implement international, European and national climate objectives, and violating fundamental human rights. The case generated significant attention among the French population and was labeled l’Affaire du Siècle (The case of the century). The case received support in the form of more than 2 million signatures in two weeks.

Relevant Law and Principles

 * Paris Agreement
 * European Convention on Human Rights
 * French Charter for the Environment

Ruling
On February 3rd, 2021, the Administrative Court of Paris ruled against the French State, saying that it has failed to do enough to combat climate change. The court acknowledged the French State's responsibility for its excessive GHG emissions. The judge ruled the government should be held responsible for ecological damage for failing to meet its climate commitments, resulting in environmental damage.

The court must now rule on the measures to order the French State. It must ensure the compliance of its actions with its climate obligations and compensate for the ecological damage.

Takeaways
The case marked the first time the French State was found to have legal responsibility of for its contribution to the climate crisis. The court found that the Government’s failure to reduce its GHG emissions in the short-term, in line with its own targets, contributes to dangerous climate change, causing environmental harm in France and is therefore unlawful.

Links

 * Sabin Center Database
 * Grantham Research Institute
 * https://apnews.com/article/europe-climate-climate-change-paris-france-108722d3e8bc587d9300ec189b99a07d
 * http://paris.tribunal-administratif.fr/content/download/179360/1759761/version/1/file/1904967190496819049721904976.pdf