French state found to be at fault for not taking enough climate action

A landmark ruling has found the French State at fault for failing to take enough action to tackle the climate crisis. The decision by the French court will serve as a warning to other governments to do more to reduce carbon emissions in line with their public commitments, said Oxfam France, a plaintiff in the case.

In December 2018, Oxfam France, Notre Affaire à Tous, the Nicolas Hulot Foundation, and Greenpeace France launched a legal action against the French State for failing to reduce the country’s emissions fast enough to meet its commitments. More than 2.3 million people signed a petition supporting the action – the largest in French history.

It is the first time the French State has been taken to court over its responsibility for climate change. Today’s decision leaves the government open to compensation claims from French citizens who have suffered climate-related damage and could force it to take further steps to reduce its emissions.

Cécile Duflot, Executive Director of Oxfam France, said: “Today’s decision is a historic victory for climate justice. For the first time, a French court has ruled that the State can be held responsible for its climate commitments. This sets an important legal precedent and can be used by people affected by the climate crisis to defend their rights.

This is a source of hope for the millions of French people who demanded legal action, and for all of those who continue to fight for climate justice around the world. It is also a timely reminder to all governments that actions speak louder than words.”

The ruling comes as many countries are preparing more ambitious targets to reduce emissions, as required by the Paris Agreement. Governments are due to meet in Scotland later this year for the COP26 climate summit.

Scientists and NGOs say the targets already announced – known as Nationally Determined Contributions – fall short of the cuts needed to avoid catastrophic global warming.

The French government’s proposed climate law is, by its own admission, not enough to achieve its target of cutting emissions by 40 percent by 2030. Even this target is not enough to put the country on track to tackle the climate crisis, Oxfam France said.

This decision also serves as a timely reminder to all European governments and the European Commission to take their international commitments seriously and to lead in the fight against the climate crisis. The current EU climate target of a 55 percent cut to emissions is ambitious but still falls short of what is needed to keep global temperature rise below 1.5C.

Michael McCarthy Flynn, Head of Policy and Advocacy with Oxfam Ireland said: “Our own Supreme Court has already put the Irish Government on notice for failing to take adequate action on climate change, in a similar case.

“Climate Case Ireland is the first case of its kind in Ireland and only the second case in the world in which the highest national court of law has required a Government to revise its national climate policy in light of its legal obligations.

“It is essential that the new Climate Change Bill currently going through the Oireachtas is robust enough to ensure Ireland delivers faster and fair climate change.”

The French State has two months to appeal the court’s decision. While the four NGOs have asked the court to order the State to take additional measures to fulfill its climate commitments, the court decided to reserve its decision on this point for later in the Spring, to allow for further discussions between the French State and the NGOs.

Duflot concluded: “Following today’s breakthrough, we now hope the courts will compel the Government to take further steps to reduce emissions and ensure that France is living up to its commitments.”

Oxfam launched the legal action because the climate crisis is fuelling poverty, hunger, and inequality around the world. Often it is the poorest countries that have contributed least to the crisis that pay the highest price. In September 2020, Oxfam revealed that the richest one percent of people produce more than double the emissions of the poorest half of the world population combined.

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