How much is Biodiversity assessed in Climate Change Litigation?

Francesca Leucci (Wageningen University and Research)
Chad Patrick Osorio (Wageningen University and Research, Netherlands )
Donatella Porrini ( University of Salento, Italy)
Nancy Wu (EDLE (Rotterdam, Hamburg, Bologna))

Abstract

In the context of the EU Biodiversity Strategy 2030, especially considering the post-COVID-19 era, biodiversity is acknowledged as a crucial asset for people, climate, and the planet, enhancing the resilience of our societies against future threats like “the impacts of climate change, forest fires, food insecurity, disease outbreaks - including by protecting wildlife and fighting illegal wildlife trade.” The target of this paper is to investigate the extent to which biodiversity is factored into climate change litigation, at the same time exploring how courts can help achieve more biodiversity protection through climate change mitigation and adaptation. Utilizing a comprehensive review of literature and Natural Language Processing (NLP) for analyzing legal cases, we delve into the nuances of biodiversity in climate litigation, in particular how it is being considered in the valuation of environmental damage. By examining cases where plaintiffs seek remedies for climate-related damage across various jurisdictions, it becomes apparent that harm to lands, human lives, and moral injury are predominant themes in climate lawsuits. By identifying the presence of biodiversity considerations in climate litigation, our aim is to uncover the underlying patterns and implications of how biodiversity is currently addressed in these legal disputes. Considering our global analysis of climate change litigation documents, we undertake both qualitative and quantitative assessments through a combination of normative and positive analysis, including the innovative use of AI and NLP. Our initial findings suggest a notable gap in the explicit consideration of biodiversity within climate litigation, highlighting an area ripe for further exploration and potential integration into legal frameworks. This study contributes to the literature by demonstrating the current shortfall in adequately considering biodiversity in climate change litigation and suggests pathways for incorporating these critical environmental components into future legal actions. This paper can serve as a basis to improve the potential mechanisms through which such litigation can advance biodiversity protection as a separate issue from climate change mitigation and adaptation.

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