1. Causes of Action

7. POTENTIAL FUTURE APPLICATIONS

Using the existing legislation in innovative methods and drawing from past precedents has provided a multifaceted approach to climate change litigation. Integrating rights-based approaches, judicial activism, and adaptability in legislation has brought about changes in State behaviour.

Some potential future avenues are outlined below.

• In Australia, the 'living wonders' intervention by Environmental Justice Australia collectively submitted 19 requests to the Australian Federal Environment Minister to reconsider nearly all pending coal and gas projects, instead of challenging each coal and gas proposal individually.
• In the Philippines, the Rainwater Collector and Springs Development Law of 1989  requires each Filipino locality to have and maintain a rainwater collector to ensure fresh drinking water is available even in times of flooding. This law, together with the duties of local government units in water management enshrined in the Local Government Code of 1991, formed the basis in the Global Legal Action on Climate Change v the Philippine Government (GLACC) case. The claimants were able to mount a single legal challenge to protect a large group of claimants. The resolution necessitated that the government draft a work plan to remedy the issue.

There is also increased scope for both domestic and international efforts arising from the process and procedure used for environmental impact assessments.

• For example, in Kenya, the Environmental Management and Coordination Act  (EMCA) requires an EIA when a company seeks to initiate sensitive projects out of character with the environment. If a project proceeds based on an invalid or inadequate EIA report, liability for the project's proponent might be triggered, as could be seen in the Ken Kasing'a v Daniel Kiplagat Kirui & 5 others case.
• In Norway, in Greenpeace Nordic Ass'n v Ministry of Petroleum and Energy, the Supreme Court made clear that the EIA, in connection with an exploration license, should assess the climate effects of future emissions, both from the production and from the burning of the exploited petroleum.

These approaches allow for broader environmental policy impacts through a single, unified legal action and in the case of EIAs may allow parties to challenge proposed environmental plans prior to the commencement of these projects.