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‘Energy transition projects should not harm vulnerable or marginalized groups’
Together with nineteen fellow scholars, Assistant Professor of Law Chiara Macchi has conceptualized the phenomenon of ‘just transition litigation’. They want to continue with investigating lawsuits filed by individuals affected by climate action in order to better identify and understand these cases. In October 2024, an article on this topic was published in Nature Sustainability.
You must be very pleased with the publication?
Absolutely! It is a great result, especially because it is the result of an excellent collaboration. This began in 2022 in Edinburgh, where a group of scholars gathered to discuss the central themes of climate change litigation. Colleagues Annalisa Savaresi and Joana Setzer led the group. We brainstormed together and had several discussions. Such collaboration is, for me, the best way to conduct research.
How was the group formed?
Annalisa and Joana were the initiators. They had already been active in the field of climate change litigation. During the conference, we all presented our findings, which felt very much like a workshop. We wanted to define a new category of lawsuit: ‘just transition litigation,’ focusing on the social and human impact of the energy transition. This category had never been systematically defined before, and Annalisa and Joana brought together scholars from around the world to further develop this concept.
What is your contribution to the article?
My expertise lies in the relationship between businesses, human rights, and climate change. I have been working for years on corporate climate responsibility and how businesses can integrate environmental and human rights considerations into their due diligence processes. My research also addresses the tensions that arise when climate projects harm human rights or the environment, especially when poorly designed. These insights were crucial for the article.
Can you briefly explain what ‘just transition litigation’ means?
The idea is simple: the transition to more sustainable energy sources must occur without certain communities disproportionately bearing the burden. It is important that the transition does not harm vulnerable or marginalized groups in society, who often pay too high a price for these projects.
Do you have a concrete example?
In the article, we discuss the case of the Sami, an indigenous people from Norway. Their traditional grazing lands were disrupted by a wind farm project. They sued the state to retain their rights to these lands. This is not an anti-climate lawsuit, but rather a call for projects to be implemented with respect for the human rights of local communities. Balancing the goals of climate protection and human rights is crucial.
Why is further research on this topic important?
It is essential because governments are increasingly implementing energy projects. Designing these projects is challenging, especially when local interests, like land rights, are at stake. By examining lawsuits, we can gain insight into where things go wrong and help policymakers prevent these issues. Developing a system to track these cases will help provide a broader overview and prevent future injustices.
What happened with the Sami?
After the lawsuit, the Sami were allocated alternative grazing lands. However, such solutions should be considered early in the process to avoid lawsuits. It is crucial to address these situations proactively by consulting with local communities and, when necessary, offering adequate compensation to local communities.
Do you think this publication will stimulate further research?
Yes, I believe so. We provide a clear conceptual framework for just transition litigation, distinguishing it from general climate change litigation, and categorize it based on three dimensions: distributive, procedural, and recognition justice. Future research can build on this and refine the classification further.
Why is this topic so important to you?
This topic is central to my work. My background as an international lawyer focuses on balancing the necessary energy transition with the protection of human rights and the environment. Companies play a crucial role in this transition, but we must ensure that their influence is regulated within legal frameworks that respect the rights of local communities and protect the environment.
What is your hope for the future?
I will continue working on these themes in both my research and teaching at Wageningen University, where sustainability is a key focus. I hope to collaborate more with colleagues both within and outside the university to further explore the challenges of the energy transition and improve the regulation of businesses, so that we can protect both the rights of communities and the environment.