![](https://yeenet.eu/wp-content/uploads/2024/07/Going-to-court-again-180x180.png)
Last year, young activists from Fridays For Futre won Estonia’s first ever climate court case, where the state energy company Enefit was ordered to halt the construction of a new shale oil facility. Despite this, Enefit has been issued another construction permit, and the Estonian youth are going to court again. With this second lawsuit, Estonian climate activists are sending a clear message to Estonia and Europe: fossil fuels must be left in the ground, and youth will fight with all possible means.
Written by
![](https://yeenet.eu/wp-content/uploads/2024/02/ronja.png)
Ronja Karvinen
Share this article
In October last year, Estonia’s supreme court ordered the state energy company Enefit to halt the construction of a shale oil facility. This ruling was the result of a case brought forward by a group of young Estonian climate activists, who in 2020 decided to take the municipality of Narva-Jõesuu to court for issuing a construction permit for the shale oil facility. The group of young people argued that the construction permit was given without adequately assessing its climate impacts and the commitments made under the Paris Agreement, as well as the European Union’s objective to achieve climate neutrality by 2050.
The court ruled that the municipality had assessed the climate impact well enough but not the environmental impact, and revoked the permit. For the first time in Estonia, the Supreme Court stated that the mitigation of climate change is a constitutional obligation.
This is one amongst several recent climate cases in Europe, where especially young people are taking their states to court, for inefficient climate action. In this case, it was Fridays for Future Estonia who stood behind the claim, eventually winning the court case. We have had the chance to speak with some of the young activists behind this case, to learn more about how climate litigation works and why it can be such a powerful tool for climate advocacy:
Last year you won Estonia’s first ever climate court case! What motivated you to use the legal system for your climate action?
We went to court because we ran out of other options and we were not willing to accept the government constructing a new fossil fuel plant amid the climate crisis. We had already presented public appeals, and organised peaceful weekly climate strikes, not to mention online advocacy. Suing the plant was our last option. As long as the rule of law holds, legal action is the only tactic that authorities and businesses can’t ignore.
How did you start the process? What do you need in order to file a climate court case?
First, it is essential to understand the stages of the oil plant’s completion, specifically the stage at which the operation of the plant can be impeded. The oil plant requires several permits, such as the construction permit and the integrated permit. Initially, we successfully contested the construction permit issued to the plant. This time, we are challenging the integrated permit which allows the plant to operate. Legal experts from the Estonian Environmental Law Center helped us find shortcomings in the permits and prepare arguments for both court cases. We submitted two complaints against the integrated permit: one as an environmental organisation under the name MTÜ Loodusvõlu, and another by a young activist in the movement, to protect her rights. Since this time the case also involved issues regarding human rights and children’s rights, we formed a team of multiple lawyers of various backgrounds to cover all necessary areas of legal expertise. The most crucial aspects of initiating a climate lawsuit are finding the right moment in the long chain of decisions to challenge legally, then finding lawyers who are willing to bring an innovative case, and securing funding to pay them.
This year you are filing new complaints to the court, why?
On May 27, 2024, the Environmental Board of Estonia issued an integrated permit to the aforementioned state-owned oil plant, allowing it to operate for the next 10 years. This is the same plant that we already successfully challenged in court once. By issuing the integrated permit, the Board rejected the arguments presented by us and other environmental organisations, urging them to refuse the permit. The plant will produce shale oil, a fossil fuel so polluting that it is not compliant with EU environmental regulations. That is why the oil is exported and used for fuelling long-distance ships, thereby contributing to the export of carbon emissions.
We based our complaints on the following arguments.
- Firstly, by granting the oil plant an integrated permit, the Environmental Board did not sufficiently consider the plant’s climate impact. The plant will increase Estonia’s current greenhouse gas emissions by about 6% and will take approximately 20% of Estonia`s carbon budget, which, in turn, makes it harder to reach our climate goals. Additionally, the measures to mitigate the climate impact are inadequate and largely based on underdeveloped technologies, such as carbon capture.
- Secondly, by granting the complex permit, the harmful effects of the oil shale mining required for the plant’s operation on the natural environment were not taken into account. Groundwater layers and wetlands, including Natura 2000 areas, which are already degraded due to mining, would be damaged.
- Thirdly, there is no overriding public interest in operating the oil plant. It does not create a significant number of jobs, is not highly profitable, and does not ensure our energy security to the extent that we should collectively endure the environmental damage it causes.
- Fourthly, the oil plant exacerbates climate change, which has dangerous consequences for people’s health, including children’s. For many people suffering from chronic diseases, the impacts of climate change are more serious than usual. For example, heatwaves, which have already become more frequent due to climate change, hinder adequate sleep and increase the likelihood of dangerous epileptic seizures.
What is your goal with the new court case?
We hope to revoke the integrated permit for the plant to stop the shale oil plant once and for all. This way we can push Estonia towards a climate-neutral economy and industry. We are trying to show to all fossil fuel enterprises that hope to burn the last of Estonia’s oil shale for rapid profit, that it is not going to be easy for them.
What would be your advice to a group of young people wanting to start something similar? What is the first thing to start with?
The first piece of advice would be to not be afraid. Turning to court, especially against a powerful actor like a large corporation or even the government can feel very intimidating. However, even the youngest and most vulnerable people have the right to a healthy environment, including a safe climate, that states and businesses must respect. The second piece of advice would be to build a team so that you are never quite alone. We have greatly benefitted from working together with legal experts, environmental NGOs, and volunteers, who have all helped us with different skills and support.
How can other young people or youth organisations support your new court case?
You can help us by sharing our messages––international pressure could be an impactful way of pressuring the government to stop the plant. Our main court battles lie still ahead. These may last for several years and are going to be costly. We would very much appreciate if you could donate to help us cover the costs of the case: https://fridaysforfuture.ee/en/what-can-you-do/#donate
More from environmental law
Going to court, again!
https://yeenet.eu/wp-content/uploads/2024/07/Going-to-court-again.png 540 540 YEE https://yeenet.eu/wp-content/uploads/2018/11/logo-yee-728x1030.png YEE2024-07-30 12:13:582024-07-30 12:25:15Going to court, again!Practical information
-
When
Friday 9th February 2024 at 16h CET
-
Where
Online
-
How
Register your interest
Share This Event
Presenters:
Youth and Environment Europe (YEE), World’s Youth for Climate Justice (WYCJ), Auroramålet, Victorine Nagels (lawyer)
Presentation by WYCJ: The World’s Youth for Climate Justice is an international youth-led campaign that aims to bring climate change to the ICJ. Among others, we will discuss how we can all join forces in this last stage before the submission.
Presentation by Auroramålet: Auroramålet represents 300 young people who have sued the Swedish state for insufficient climate action. We will discuss why we have chosen human rights-based climate litigation as a tool for climate justice, and what we have learnt that could make it easier for others to do the same. This talk will cover how we manage legal strategy, funding, communications and advocacy with limited resources.
Presentation by YEE: We will discuss and present what are National Energy and Climate Plans (NECPs), and why it is important for youth to provide feedback and actively participate in them.
Presentation by Victorine Nagels: We will hear from a young lawyer involved in defending young climate activists. Questions for the discussion include: which young people can take legal action and what are the risks? Is the situation different when young people act through an association? What are the situations in which it might be worth taking legal action? What happens when young people have to defend themselves in court?
Have questions? Get in touch!
Other upcoming events
Climate Litigation As a Tool for Youth Climate Movements
https://yeenet.eu/wp-content/uploads/2024/02/CLIMATE-LITIGATION.png 675 675 Eva Kloudová https://yeenet.eu/wp-content/uploads/2018/11/logo-yee-728x1030.png Eva Kloudová2024-02-05 17:20:302024-02-21 16:48:02Climate Litigation As a Tool for Youth Climate Movements![](https://yeenet.eu/wp-content/uploads/2023/09/HANDBOOK-300x300.png)
When youth takes states to court | Handbook
This handbook provides important information on the hearing and the potential impact of the Court on climate action in Europe.
On the 27th of September, the Duarte Agostinho et al case will be heard at the European Court of Human Rights. This will be the third of a series of climate lawsuits brought in front of the Court, after Klimaseniorinnen, and Câreme, which were heard this Summer. The case involves youth from 11 to 24 years old. This will be an excellent opportunity for youth all around Europe to make the voices of the youngest generations heard! We have prepared this handbook to highlight the most important things to keep in mind when following the hearing, including the potential role of the Court in enhancing climate action in Europe.
This handbook covers:
-
Youth in Climate Action
Apart from peaceful protests, young people have also increasingly made use of the law to strive for a healthy and safe environment. And why are youth so involved?
-
Explaining the Claims of Duarte Agostinho
September 2020, six young people and children from Portugal made a complaint to the European Court of Human Rights (ECtHR) stating that the climate inaction of 33 states under the jurisdiction of the Court was endangering their lives and well-being. How is the Duarte Agostinho lawsuit structured?
-
The ECtHR Processes
How does the European Court of Human Rights work? What is the role of the ECtHR in enhancing climate action?
-
Previous Successful Cases
What are the other climate lawsuits that have yielded results?
When youth takes states to court | Handbook
https://yeenet.eu/wp-content/uploads/2023/09/HANDBOOK.png 540 540 YEE https://yeenet.eu/wp-content/uploads/2018/11/logo-yee-728x1030.png YEE2023-09-22 10:31:202023-12-07 13:16:51When youth takes states to court | HandbookPractical information
-
When
Tuesday 4th July at 16.45h CEST
-
Where
Online
-
How
Register your interest
Share This Event
What is climate litigation and why is it becoming more and more prevalent in youth climate activism? What do we mean with “climate activism through the rule of law”? What are the challenges faced by youth groups who decided to take States to court for climate inaction?
These and many more questions will be addressed during our workshop, which will provide the basics of climate litigation and an interactive conversation with a representative of the youth behind the Aurora climate lawsuit and of the Sweden’s Environmental Association of Law (SEAL)!
Agenda of the event:
- Introduction to Climate Litigation: What is it? How does it work?
- The Aurora Climate Case: A conversation with Ida Edling, the legal and scientific coordinator of Aurora
- Presentation of Sweden’s Environmental Association of Law
- Q&A
Have questions? Get in touch!
Other upcoming events
When youth sue the state | Workshop
https://yeenet.eu/wp-content/uploads/2023/06/A-CONVERSATION-WITH-THE-YOUTH-BEHIND-THE-AURORA-CLIMATE-LAWSUIT.png 675 675 YEE https://yeenet.eu/wp-content/uploads/2018/11/logo-yee-728x1030.png YEE2023-06-28 15:29:102023-07-11 17:44:15When youth sue the state | Workshop![How to sue a state - article](https://yeenet.eu/wp-content/uploads/2023/05/1-180x180.png)
Written by
![](https://yeenet.eu/wp-content/uploads/2023/05/ronja.png)
Ronja Karvinen
What did we ask?
Visual summary
![What is Aurora](https://yeenet.eu/wp-content/uploads/2023/05/2-2.png)
![What is Aurora](https://yeenet.eu/wp-content/uploads/2023/05/3-2.png)
![Quote by Anton Foley, Aurora](https://yeenet.eu/wp-content/uploads/2023/05/4.png)
![Quote by Agnes Hjortberg, Aurora](https://yeenet.eu/wp-content/uploads/2023/05/5.png)
![Quote by Ida Edling, Aurora](https://yeenet.eu/wp-content/uploads/2023/05/6.png)
![What is Aurora](https://yeenet.eu/wp-content/uploads/2023/05/2-2.png)
![What is Aurora](https://yeenet.eu/wp-content/uploads/2023/05/3-2.png)
![Quote by Anton Foley, Aurora](https://yeenet.eu/wp-content/uploads/2023/05/4.png)
![Quote by Agnes Hjortberg, Aurora](https://yeenet.eu/wp-content/uploads/2023/05/5.png)
![Quote by Ida Edling, Aurora](https://yeenet.eu/wp-content/uploads/2023/05/6.png)
Share this article
Climate litigation is becoming a hot topic, following an upsurge of legal mobilisations globally. In several countries citizens have come together to sue their states for insufficient climate action, and legal mobilisations have opened up new ways to demand climate justice from those in power. A large share of the lawsuits brought forward are driven by young people, who are suing their states for threatening their future human rights. Examples of recent youth driven climate lawsuits include Juliana v. United States, Duarte Agostinho and Others v. Portugal and Others and Soubeste et. al v. Austria et. al.
We had the opportunity to speak to three young people from the organisation Aurora, who are behind an ongoing climate lawsuit in Sweden. On November 25th 2022, Aurora filed a lawsuit against the Swedish state for insufficient climate policies. More than 600 children and youth are behind the lawsuit, including Swedish climate activist Greta Thunberg. The youth are condemning Sweden’s climate policies to be illegal, as the targets set by the Swedish state are too slow and insufficient, while the previously set climate targets remain unachieved. Aurora is thus claiming that Sweden is not treating the climate crisis like a crisis.
The district court of Nacka (a town in Sweden where the lawsuit was filed), considered the claims to be clear enough to be tried in court. On the 21st of March 2023 the Nacka District Court issued a summons, upon which the Swedish state will have three months time to respond to the case. The case is treated as a class-action lawsuit, meaning that a large group of people in Aurora will be represented by a few members of the organisation. The Swedish state on the other hand will be represented by the Chancellor of Justice.
We will now hear from three young people from Aurora: Agnes Hjortsberg (21), Anton Foley (20) and Ida Edling (23), who will share their experiences of filing a lawsuit as a group of young people.
![Agnes Hjortberg](https://yeenet.eu/wp-content/uploads/2023/05/1-1.png)
Agnes Hjortsberg
![Anton Foley](https://yeenet.eu/wp-content/uploads/2023/05/2.png)
Anton Foley
![Ida Edling](https://yeenet.eu/wp-content/uploads/2023/05/3.png)
Ida Edling
![Agnes Hjortberg](https://yeenet.eu/wp-content/uploads/2023/05/1-1.png)
![Anton Foley](https://yeenet.eu/wp-content/uploads/2023/05/2.png)
![Ida Edling](https://yeenet.eu/wp-content/uploads/2023/05/3.png)
What breaches are you suing Sweden on?
![Ida Edling](https://yeenet.eu/wp-content/uploads/2023/05/3-1-e1683797185572.png)
Ida
The legal provisions that we say the state has violated is human rights under the European Convention of Human Rights. So we're saying that the Swedish state's lack of sufficient climate measures threatens young people's human rights in the future. We're talking about the human right to life, to health, to dignity, to well-being, to home and to property. And that's Article 2, 3, 8 and 14 of the European Convention of Human Rights - and it's the first article of the first protocol of the European Convention of Human Rights.
How did you start this process?
![Anton Foley](https://yeenet.eu/wp-content/uploads/2023/05/2-1-e1683797107882.png)
Anton
A lot of the inspiration to do this came from people who had already done it in other countries. A natural first step, or one of the first steps, was to reach out and make contacts: at the very early stages we had calls and meetings with lawyers and activists who had pursued similar cases in for example Norway, the Netherlands and France. We learned from them both legally how we should approach it, but also how we should approach it organizationally, financially and from a media perspective. And then as we came to terms with what kind of case we wanted to run, or how we should do it, we also had close contact with international climate litigation groups, to sharpen our arguments and learn from their cases. Thus, I'd say there have been two waves of work: The first one is just about figuring out what is going on and how we should do this. And then secondly, once we had it more figured out, on the legal and technical side, we could focus on sharpening the arguments.
What type of competences are needed to file this type of lawsuit?
![Agnes Hjortberg](https://yeenet.eu/wp-content/uploads/2023/05/1-2.png)
Agnes
In Aurora as an organisation, almost none of the youth and children had any knowledge of how to do something like this from previous experience. Of course, we have law students who manage a lot of the law stuff, but when it comes to funding, media and social media, or how to run an organisation and how to take care of each other, it's something we learn as we go.
![Anton Foley](https://yeenet.eu/wp-content/uploads/2023/05/2-1-e1683797107882.png)
Anton
And we've collected a network of professionals and people who know what they're doing in lots of different areas. For example: legal experts, climate scientists and public relations people to help us figure out how to get our message out there. But also a lot of climate activists helped us figure out what our actual aims are. Because there are lots of ways you could structure this legally, but not all would be desirable for what we actually want to achieve. Thus, “where are we going” is the first question we need to answer. Then, “what do we want to achieve? “ and thirdly “how can we use law as a tool to achieve that?”
![Ida Edling](https://yeenet.eu/wp-content/uploads/2023/05/3-1-e1683797185572.png)
Ida
I think that the way we have decided to structure our work within the Aurora case is quite unique. And we've heard that from people who have worked with many different climate cases in other countries too, that our work culture is original because we have a very mixed work culture. We are completely led by youth who have no particular academic background, but who are firmly rooted in what we're actually trying to do. Like Anton was saying, the direction we're actually headed in. And then on the same decision making level or level below even, we have the actual competences. So this democratic way of working together from different age groups and different competence levels is unique I think, and has proven to be very dynamic and successful for us.
What would be your advice to a group of young people wanting to start something similar? What is the first thing to start with?
![Agnes Hjortberg](https://yeenet.eu/wp-content/uploads/2023/05/1-2.png)
Agnes
One thing we've begun doing is creating a network of youth doing this all over the world. For example we have contacts in Norway, South Korea, Austria, and the Netherlands. I think one of the first steps is to reach out to one of those groups. We've had meetings with new groups, but we have also been the new group in other meetings. I think using the platforms and networks available is a good tool.
![Anton Foley](https://yeenet.eu/wp-content/uploads/2023/05/2-1-e1683797107882.png)
Anton
Yeah, and I think in general, if you're young and you want to make a difference in this or any social or environmental cause, the most important thing to do is to start from where you are and use whatever expertise, interest and platform you have available to you. And if you have a big idea, just go for it! We were just a group of people who thought this would be a cool thing to do and then we started talking to people who knew what they were doing. And then it took a while but over time we assembled this sort of group. And I think that, it sounds very cliche, but just do it, go for it and see where you end up. Nobody thinks they're going to start a global movement when for example deciding to school strike. You just do it because it's the right thing to do and then people sort of catch on. So, I think that wherever you are, start affecting change in your community and whatever spaces you are active in, in school, student unions, trade unions, religious groups, and wherever else you are active. Just start making a difference and speaking up in those circles and then see where it takes you.
![Ida Edling](https://yeenet.eu/wp-content/uploads/2023/05/3-1-e1683797185572.png)
Ida
Yeah, educate yourselves, take action and then take inspiration and learn from those who have done similar things before you, because you don't have to reinvent the wheel! The three steps that we advise other youth groups to take, if they also want to sue their states, is to: First find each other and then find competence, find lawyers and scientists, and then find money. Because you will need money. But also remember that all types of legitimate action is vital for sufficient climate action. So, litigation is one way but every other way is also valuable.
How can other young people or youth organisations support Aurora?
![Ida Edling](https://yeenet.eu/wp-content/uploads/2023/05/3-1-e1683797185572.png)
Ida
The first thing is to do what you're doing, continue to raise awareness of the climate crisis, continue to push for urgent action in the climate crisis, continue to try to make people in power see that the way we use Earth today is dangerous and won't last. And try to change that in a way that you're already doing, because that will help us all. We're one movement trying to achieve climate justice and everyone needs to do it in their way and every legitimate way is valuable. But then if you concretely want to help our particular cause, we are always in need of money, because holding the state accountable for violations of human rights is very, very expensive in Sweden. And so this would not have been possible without extensive economic support from the public, and here every contribution matters.
![Agnes Hjortberg](https://yeenet.eu/wp-content/uploads/2023/05/1-2.png)
Agnes
And also if you're a youth in Sweden and you are interested in Aurora, you can also join Aurora! We always need more people!
More To Explore
How to Sue a State
https://yeenet.eu/wp-content/uploads/2023/05/1.png 675 675 YEE https://yeenet.eu/wp-content/uploads/2018/11/logo-yee-728x1030.png YEE2023-05-11 12:01:402023-07-28 13:15:46How to Sue a State![](https://yeenet.eu/wp-content/uploads/2022/07/Env-Law-Template10.png)
Wrap up on climate litigation | Online workshop | Legal Seeds
https://yeenet.eu/wp-content/uploads/2022/07/Env-Law-Template10.png 540 540 YEE https://yeenet.eu/wp-content/uploads/2018/11/logo-yee-728x1030.png YEE2022-07-12 12:28:012023-03-31 15:02:33Wrap up on climate litigation | Online workshop | Legal Seeds![](https://yeenet.eu/wp-content/uploads/2021/06/Copy-of-Copy-of-Youth-involvement-in-climate-litigation-8.png)
YEE Webinar Highlights | Youth Participation in Climate Litigation
https://yeenet.eu/wp-content/uploads/2021/06/Copy-of-Copy-of-Youth-involvement-in-climate-litigation-8.png 900 1600 YEE https://yeenet.eu/wp-content/uploads/2018/11/logo-yee-728x1030.png YEE2021-06-09 13:17:292021-06-09 13:17:29YEE Webinar Highlights | Youth Participation in Climate Litigation![](https://yeenet.eu/wp-content/uploads/2021/05/Youth-Participation-in-Climate-Litigation-YEE-Webinar.png)
Youth Participation in Climate Litigation | YEE Webinar
https://yeenet.eu/wp-content/uploads/2021/05/Youth-Participation-in-Climate-Litigation-YEE-Webinar.png 1080 1080 YEE https://yeenet.eu/wp-content/uploads/2018/11/logo-yee-728x1030.png YEE2021-05-26 12:44:502022-05-02 14:51:25Youth Participation in Climate Litigation | YEE Webinar![](https://yeenet.eu/wp-content/uploads/2021/03/FB_Webinar-1_Announcement-4.png)
Highlights from the ´Law and Climate Action´ Webinar | Lights on Aarhus
https://yeenet.eu/wp-content/uploads/2021/03/FB_Webinar-1_Announcement-4.png 788 940 YEE https://yeenet.eu/wp-content/uploads/2018/11/logo-yee-728x1030.png YEE2021-03-03 15:58:002021-03-03 15:58:00Highlights from the ´Law and Climate Action´ Webinar | Lights on Aarhus![](https://yeenet.eu/wp-content/uploads/2021/02/Insta_Announcement_Webinar-1.png)
Law and Climate Action | Lights on Aarhus Webinar
https://yeenet.eu/wp-content/uploads/2021/02/Insta_Announcement_Webinar-1.png 1080 1080 YEE https://yeenet.eu/wp-content/uploads/2018/11/logo-yee-728x1030.png YEE2021-02-16 13:05:322021-11-22 13:23:50Law and Climate Action | Lights on Aarhus WebinarProjects
Our mission
YEE aims to unite environmental youth non-profit organisations in Europe in order to enhance international cooperation, increase knowledge about the climate crisis, raise awareness of environmental problems and to strengthen participation of youth in environmental decision-making.
Information
Get in touch
Vinohradská 2165/48
120 00 Praha 2 – Vinohrady
Czech Republic
E-mail: yee@yeenet.eu
We are supported by
Supported by the Council of Europe through the European Youth Foundation.
Co-funded by the European Union. Views and opinions expressed are however those of the author(s) only and do not necessarily reflect those of the European Union or the European Education and Culture Executive Agency (EACEA). Neither the European Union nor EACEA can be held responsible for them.
![YEE](https://yeenet.eu/wp-content/uploads/2021/03/logo-yee.png)