Public Interest Law Practice: a Milestone

Public Interest Law Practice: a Milestone

A law firm using the public interest law approach to fight for a cleaner planet. That’s what Client Earth is doing successfully. And now there’s the book “Client Earth”. The book is a great read for everyone who cares about the climate and a healthy environment. A Group of Lawyers that decide to fight for the planet; their only Client is the Earth. So who pays your bills you will ask. Well, that’s what the book explains. Amongst others. The book contains stories how Client Earth was involved in different environmental area’s, starting with the focus on the environment of California. Inspired by a Zen teacher.

Achievements of Client Earth

The writers, Martin Goodman and James Thornton, give good examples of the achievements of Client Earth in different areas, starting with the great story of the litigation to reverse pollution in Chesapeake Bay in the US. Hopefully this inspires lawyers in other countries where water pollution is a serious threat. Other chapters address the air pollution and succesfull litigation in the UK, the battle against extra coal fired power plants in Poland, the great effort to save the fish in the seas of Europe (by an American !), the involvement is the protection of (the remaining) forest in Ghana, the astonishing story of the recent development of environmental law in China, how the Province of Wallonia (Belgium) took on the Canadian Government and made headlines worldwide for a couple of days, and of course the Paris Climate Agreement.

Science and Law, the ingredients for Earth Solutions

In all these stories the cooperation with scientist and environmental experts is evident. The book describes how the law group studies science and and facts to deploy legal arguments and draft new laws. Only law can capture the ambition for the planet’s solution. It starts with the science, scientific proof, followed by creating policy, law making, implementation and enforcement. That takes strategy and vision and the book is an invitation to join this endeavour. Everything for the needs of the Client.

Getting access to the Courts for Environmental Claims

Access to justice in the UK was difficult for environmental organisations because of the the risk of costs to be paid when loosing the case.in fact taking on the government was only a privilege for the rich. Client Earth first had to change that cost rule in order to obtain proper access to the courts. That's where the Aarhus Convention was used very effectively. This UN Environmental Convention stipulates three basis rights in environmental matters: access to information, participation in decisionmaking and access to justice. The complaint was dealt with by the Aarhus Convention Compliance Committee. The verdict: the UK should make sure that in environmental cases should be fair and equitable. This victory paved the way for Client Earth’s major success in a UK Court against the UK government on air pollution.

Innovative Use of the Law

Especially for lawyers, environmental organisations and start-ups I recommend the book. The book is also a great gift for anyone with a healthy interest and concern for the environment. I’m very much inspired by Client’s Earth strategy of influencing the law, making the law, implementing the law and the enforcing the law if it’s not complied with.

A lot of work indeed, but succesfull in the examples dealt with in the book. It’s also the story of the start-up of an ideological and innovative lawfirm, how it started in the US with limited budget and the countless fundraising efforts to get started and to expand in Europe. Awesome to read how James Thornton travelled all over the world and got in touch with very wealthy and interesting people who care about the planet and support this good cause.

Inspiration for Building an Ecological Civilisation

In the Netherlands where I practice law the activist approach has prevailed. That approach has it’s limitations because, apart from influencing policy, it addresses governmental decisions primarily. The first victory for a full public interest claim against the Dutch State in a civil action was achieved last year with in the Urgenda case. This hopefully inspires more public law interest litigation in the Netherlands that Client Earth has made its core business.

Sharing the experiences like Client Earth does in this book is very important. It challenges the reader how we can contribute to a better environment and what you can do to achieve this yourself as a private person or as a professional. By sharing this environmental law can step up to the next level. Or as the writers say: let us work together and release the dream, building an ecological civilisation. I’m ready for it, and you?

I am surprised not more class action lawsuits are started against those industries who do not consider CO2 emissions important. 5 refineries in Rotterdam are responsible for 50% of the total CO2 emissions in the Netherlands. This does not only effects individual civilians in daily life due to high CO2 emissions, but there are many restrictions or other CO2 reduction measurements and or taxes putting strains on daily life, this while only 5 refineries count for 50% of the total CO2 emissions. It might be, we in the Netherlands are not used to have class action lawsuits against, in this case the, refineries. The City of Rotterdam, decided cars older than 1992 were no longer allowed within the inner city limits. Classic car owners started a lawsuit against the municipality, claiming the city could not show substantial impact in CO2 reduction by only banning older cars. The court has overruled the city of Rotterdam and petrol cars are again allowed to enter the city. The burden on classic car owners does not way against the impact of the ruling while the impact cannot be proven to be substantial enough. A very nice example where actions taken do not contribute enough, while at the same time a municipality does not take action at real CO2 sources.

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