Strategic Climate Change Litigation and the EU Habitats Directive: Squaring the Circle with the Help of the U.S. Endangered Species Act?

Abstract

Abstract Against the backdrop of the rising temperatures and the existing ‘emission gap’, climate change lawsuits have recently emerged as a new lever in order to step up compliance with international reduction targets. As of today, the majority of these strategic lawsuits are based upon tort law and human rights duties, which is evident given the major impact unhalted climate change on the immediate survival chances of future generations of humans. However, many terrestrial as well as marine ecosystems are already suffering from the global rise of temperatures, also in Europe. This article addresses the principal question as to whether within the specific context of the European Union, climate change litigation could not also use the 1992 Habitats Directive as an complementary instrument to mitigate future greenhouse gas emissions or at least prepare and adapt ecosystems for the inevitable impact of climate change. Using the recent courtroom experiences with the U.S. Endangered Species Act (ESA) of 1973 in the context of climate change-related lawsuits as a benchmark, this article argues that global warming will be an increasingly important factor when applying the conservation duties of the Habitats Directive in the coming decades.