Citizens win the battle. Judges order the Netherlands to save the climate

Citizens win the battle. Judges order the Netherlands to save the climate

Environment · ·

The Hague court of appeal upholds a 2015 first-instance ruling: the Netherlands must cut its emissions to protect the population.

On Tuesday 9 October 2018, The Hague court of appeal, in the Netherlands, delivered a historic ruling. Upholding the decision reached at first instance on 24 June 2015, the judges ordered the Dutch government to reduce its greenhouse gas emissions. According to the court, since the state bears an obligation to protect its citizens, the scientific evidence on climate change makes it imperative to do more to help limit global warming.

According to the judges, the Dutch government must protect its own citizens

More precisely, the ruling explained that continuing to pollute constitutes an "unlawful" act on the part of the government, since such conduct amounts to a "violation of its duties" towards the population. In practical terms, the Netherlands' emissions must fall by 25 per cent compared with 1990 levels by 2020, in order to guarantee the safety of Dutch citizens, and of the rest of the world, over the long term.

urgenda clima
Urgenda association president Marjan Minnesma (left) alongside her lawyers in 2015, at the time of the first-instance ruling © Urgenda/Chantal Bekker

"Given the serious dangers that risk materialising in the future – the court of appeal explained in a press release – more ambitious measures must be taken in the short term." Also because "the 2020 target may not be met, which is unacceptable." In 2017, the Netherlands had in fact managed to achieve only -13 per cent relative to 1990. Marie-Anne Tan-de Sonnaville, the presiding judge, added: "Any delay in reducing emissions worsens climate change. The government cannot hide behind the excuse of emissions generated by other countries."

Our director @marjanminnesma on our historic victory in court today. All governments are on notice. #climatecase

A historic victory for the NGO Urgenda

This represents an outright victory for the NGO Urgenda, which three years ago launched a form of environmental class action. It had led 900 citizens in a legal battle against their own government. "Now a 25 per cent reduction is the minimum. The government must get to work," the environmental organisation commented in a tweet.

The Dutch executive, last May, announced its intention to close the country's two oldest coal-fired power stations. It specified, however, that it wished to do so by 2024. Three other power stations of the same type could moreover remain in operation until 2030. This does not appear to be compatible with the law adopted by Parliament at the end of June: one of the most progressive from a climate standpoint. Inspired by the Greens (GroenLinks) and the social-democratic party (PvdA), the measure provides for a reduction in greenhouse gas emissions of 49 per cent by 2030, and 95 per cent by 2050.

Read also: 12 anni per agire o il clima impazzirà

These targets would be broadly in line with what the latest Ipcc special report set out, which highlighted that by the middle of the century net emissions will need to have been reduced to zero if the climate objectives of the Paris Agreement are to be met.