Affair of the Century trial: State liable for climate inaction

Published by Caroline de Sortiraparis, Cécile de Sortiraparis · Published on February 3, 2021 at 03:58 p.m.
Two years ago, several NGOs met to launch “The Affair of the Century”. This petition – that claimed for a plea against the State for climate inaction ultimately garnered 2 million signatures. At the end of the trials, the State is found liable for wrongdoing in the fight against global warming. The administrative court condemned the State to pay a symbolic fine of one euro to petitioning associations.

Back to the beginning of January, as France hosted a “One Planet Summit” devoted to biodiversity, the State has been found liable by the administrative court as part of the trial against “The Affair of the Century”.

Remember, in late 2018, four NGOs (Notre Affaire à tous, Greenpeace France, La Fondation Nicolas Hulot pour la Nature et l’Homme, Oxfam France) met to sue the French State found inactive against the climate emergency and impudent towards its climate commitment. This was the beginning of the petition called “L'Affaire du siècle” – or “The Affair of the Century” in English. Citizens decide to endorse the movement very quickly, so much that as of today, the petition has garnered over 2 million signatures. In March 2019, associations that originated the petition officially file a plea against the State.

Two years later, the trial ultimately occurred. And “The Affair of the Century” has done everything to prove the State did not commit to their promises in terms of ecology. Back in November already, the State Council required the government to show the successive overspendings of carbon budgets will enable them to reach a 40% decrease in greenhouse gas emission in 20230. Other points criticized by the “Affair of the Century”? Failure and slowness around energetic renovation of buildings and developing renewable energies.

Opposite, the government denied these inaction accusations, preferring to talk about the energy-climate bill from 2019 or the 40% drop in fossil fuels consumption by 2030 to defend itself.

At the end of the trial, the State is liable forwrongdoing in the fight against global warming. The administrative court “acknowledged for the first time State liable for climate inaction” in the verdict given this Wednesday February 3. As required by the government commissioner, the State must pay a symbolic fine of one euro to petitioning associations.

In their decision, the administrative court acknowledges “the existence of an ecological damage related to climate change”. They consider “the French State’s partial wrongdoing to meet goals set in terms of reducing greenhouse gas effect emission entails responsibility”.

Furthermore, the administrative judges explained that “the existence of an ecological damage – undisputed by the State – was seen in the constant increase in the global average temperature of the Earth, responsible of a modification of the atmosphere and its ecological functions”. They say “the State shall be considered as liable for part of this damage from the moment they have not complied with their commitments in terms of reducing greenhouse gas effect emission”.

In a release the NGOs that originated the Affair of the Century are happy with the court ruling. “Two years after the incredible movement of the Affair of the Century, we won!” they said before adding: “Justice has just acknowledged the State’s climate inaction illegal, they are liable, entailing their responsibility. This is a historic victory for the climate! […] With this extraordinary decision, starting today, climate change direct victims in France will be able to claim damages to France. The State will have to face never-before-seen pressure to ultimately take action against climate disruption” they concluded.

As the NGOs say in their release, the “court now has to decide whether they order the State to make additional measures to reduced greenhouse gas effect emission and comply with their commitments for the climate”. Therefore, a new hearing will be held in spring.

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