Belgium Court Case: Trees in Lennik v State of Belgium

Summary

In 2014, the Belgian NGO Klimaatzaak (Climate Case) filed a case against the Belgian government and the governments of the Walloon, Flemish, and Brussels-Capital Regions with the Brussels Court of First Instance, arguing that these governments’ inadequate climate policies constitute a violation of standards of care, as well as human and children’s rights. In 2019, a voluntary intervention was filed, naming 82 specific trees directly as co-signatories in the case. On June 17, 2021, the Brussels Court of First Instance held that the governments had indeed breached their duty of care by failing to take necessary measures to prevent the harmful effects of climate change but declined to set specific reduction targets on separation of powers grounds. Klimaatzaak appealed the judgment of the first instance in November 2021 because the court did not set targets for reducing greenhouse gas emissions. Klimaatzaak awaits a reply from the various governments.