The First Successful Climate Negligence Case: A Comment on Urgenda Foundation v. The State of the Netherlands (Ministry of Infrastructure and the Environment)

Abstract

On 24 June 2015, the Hague District Court issued a long-awaited judgment in the case of Urgenda Foundation v. The State of the Netherlands. The decision has been heralded as a historical landmark ruling. It marks the first time that a court has ordered a government to curb a state’s greenhouse gas emissions. It is also the first case in which the tort of negligence has been successfully used to hold a state liable for failing to adequately mitigate climate change. This case commentary analyses key aspects of the decision and makes some observations about its significance for climate law and policy.

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