Climate Change and the Individual: A Norwegian Perspective

With only one, not yet final, case decided in climate change matters, Norway’s litigation landscape appears at its inception. Albeit a loss for the promoting NGOs and supportive civil society in terms of the remedies requested, the climate change lawsuit was effective in catalyzing public debate on fossil fuel policies and the role of courts. Yet, the subject matter of the case, a challenge to oil and gas licenses, proved fairly contentious as Norway’s economy is largely reliant on fossil fuel extraction. Such circumstance allows for an analysis of three clusters of climate change claims that individuals are in the position to lodge with Norwegian courts, against either public bodies or private actors, in either mitigation or adaptation matters. Notwithstanding some shortcomings, it appears that individuals can seek avenues of involvement in climate change matters through effective litigation. One of the most promising avenues rests with rights-based lawsuits, which would be buttressed by Norway’s constitutional protection of the right to a healthy environment, children’s rights, and the rights of future generations.