The FoE takes the UK government to the European Court on the Ecocide issue
UK environment lobby Friends of the Earth (FoE) has told DCAN that rather than support an Ecocide Bill it is taking the UK government to the European Court of Human Rights (ECHR) over what it alleges is its ‘failure to protect us from the impacts of climate change’.
Spokesperson Stuart Croft said that while FoE is generally supportive of the Ecocide campaign it is not campaigning on Ecocide directly - unlike it’s Scottish arm Friends of the Earth Scotland that is supporting Scotland’s Ecocide Bill.
The focus of FoE’s case to the ECHR is ‘on the Climate Change Act 2008 that has provisions which should require the government to adequately plan for climate impacts - but that mechanism isn’t currently working and so we want the court to address that.
‘The Ecocide Bill isn’t something we’re pushing for as part of our adaptation case and campaign.’
Replying to a question by AT member Richard Thomas, Stuart said FoE is focussing its ECHR action ‘on strong, carefully selected cases [where] we have had a strong recent track record and bringing the case with individuals already affected by climate change.’
This includes a man who has lost his home to coastal erosion and another whose health is at risk from extreme heat.
Stuart said the FoE’s case ‘also builds on a landmark 2024 ruling against Switzerland, where the European Court confirmed that governments have positive duties to take effective climate action.
‘If the case succeeds, it could require the UK government to produce a stronger, more effective plan to protect people from climate impacts - and could also set an important precedent across Europe.’
FoE’s action follows its recent failure to challenge the UK government’s current climate adaptation plan - the National Adaptation Programme (NAP) - in the UK courts after the Climate Change Committee, the government’s independent expert advisors, described the plan as ‘inadequate’.
The High Court dismissed that challenge in October 2024, and the Court of Appeal refused permission to appeal.
FoE spokesperson Stuart Croft said: ‘We’ve now taken the case to Europe because we believe the UK courts did not fully address the government’s human rights obligations in this area.
‘This case is about the government’s failure to properly protect people from the impacts of climate change - such as extreme heat, flooding, and coastal erosion - rather than emissions decisions like oil licences.
‘We argue that the UK’s current plan is so inadequate that it puts people at risk and breaches basic rights - including the rights to life, home, and health under the European Convention on Human Rights.’
Stuart did not say how long the case might take or how much it is likely to cost.
• The full background to FoE’s case is at UK climate adaptation case – full briefing with more at The UK government is failing us on climate breakdown.
• Friends of the Earth Scotland support for Scotland’s Ecocide Bill is at: Scotland’s ecocide bill could set a global legal precedent - Geographical.