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Climate Lawsuit Against Sweden Dismissed by Supreme Court

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Swedish Supreme Court Rejects Climate Inaction Lawsuit Filed by Greta Thunberg and 300 Youths

Stockholm, Sweden – The Supreme Court of Sweden has dismissed a lawsuit against the Swedish government for climate inaction, filed by three hundred young people, including climate activist Greta Thunberg.

Background of the Lawsuit

The administrative lawsuit, a first of its kind in the Nordic country, was filed in November 2022 at the Nacka District Court near Stockholm. The plaintiffs demanded that the state "do its part in the global fight" to limit global warming to 1.5°C above pre-industrial levels.

Supreme Court Ruling

The Nacka District Court sought guidance from the Supreme Court on the issue of its jurisdiction in such cases. The Supreme Court ruled on Wednesday, February 19, that "the case cannot be tried."

"A court cannot order the Parliament or the Government to take any action," the Supreme Court stated. "Political institutions decide independently on the specific climate measures that Sweden should take."

Court’s Reasoning

The Supreme Court explained that while individuals may not bring lawsuits against the state, associations or organizations can under certain circumstances. The court clarified that the complaint filed in November 2022 was made by individuals rather than an association.

"The European Court of Human Rights has recently ruled in a judgment that an association meeting certain criteria may have the right to bring a lawsuit" against the state, the Supreme Court noted.

Implications of the Ruling

While the Supreme Court dismissed the current lawsuit, it did not rule out the possibility of future lawsuits against the state for climate inaction. The court emphasized that such lawsuits would need to be "structured differently."

The ruling highlights the complex legal challenges involved in holding governments accountable for climate change. It also underscores the importance of clear legal frameworks and mechanisms for citizens and organizations to seek legal recourse on climate issues.

Global Trend of Climate Lawsuits

Lawsuits seeking to compel governments to take action on climate change have become increasingly common across Europe in recent years. In a landmark ruling in 2019, the Dutch Supreme Court ordered the Dutch government to reduce its greenhouse gas emissions by at least 25% by 2020, following a lawsuit filed by an environmental organization.

Greta Thunberg’s Response

Greta Thunberg, the Swedish environmental activist who has played a pivotal role in mobilizing young people on climate change, expressed disappointment with the Supreme Court’s ruling.

"Of course, this is not what we wanted," she said in a statement. "But we will not give up. We will keep fighting for climate justice."

Implications for Climate Advocacy

The Supreme Court’s ruling in Sweden is a setback for climate activists but does not extinguish their determination to hold governments accountable. It provides valuable insights into the legal hurdles and opportunities in pursuing climate lawsuits.

Organizations and individuals may need to explore alternative legal pathways, such as filing lawsuits under specific environmental laws or through international tribunals. The ruling also reinforces the need for continued public pressure on governments to take urgent action on climate change.

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