A Climate Lawsuit Can Be Filed Against Those Who Harm the Environment

Climate change threatens life worldwide. Experts note that with the growing adoption of "Climate Law" and "Climate Litigation" concepts, lawsuits can be filed against companies that damage the environment. Güven Süslü, Instructor, Yaşar University School of Justice Professions, who states that individuals and associations harmed by disasters resulting from climate change can file lawsuits against companies or states found responsible for the damage, explained what needs to be done in this process.

"Lawsuits can be filed against environmental damage"

Dr. Süslü stated that pursuant to Article 28 of Law No. 2872 on the Environment, it is possible to file lawsuits for remedying pure environmental damages such as those causing climate change. "A person who incurs necessary expenses to avoid being individually harmed and who prevents damage can demand reimbursement of those expenses through a compensation lawsuit filed against the person carrying out this action that could cause damage, in accordance with Law No. 2872 on the Environment. Through a lawsuit filed here, restoration to the pre-damage condition can first be sought, and if this is not possible, a monetary compensation to be paid to an environmental fund can be ordered. This lawsuit can also be filed against the state if the polluter of the environment is the state itself. Based on Article 30 of the Environmental Law, anyone who has suffered damage from or is aware of an activity that pollutes or harms the environment can apply to relevant authorities and request that necessary measures be taken regarding the activity or that the activity be stopped. Anyone who learns of an activity causing ecological damage has the right to file a lawsuit for taking necessary measures regarding this activity, and if necessary, stopping it. These lawsuits can also be filed as class action lawsuits," he said.

[caption id="attachment_133578" align="aligncenter"] Güven Süslü, Instructor, Yaşar University School of Justice Professions[/caption]

"Companies may be required to prove they have not harmed the environment"

Dr. Süslü noted that difficulties can arise regarding proof of environmental damage and provided the following examples: "Regarding the proof of environmental damage that has occurred, while the main rule is that the claimant bears the burden of proof, the fact that issues such as climate change are technical matters that emerge over time can create difficulties. In this case, reversal of the burden of proof can be considered, whereby the company that owns the activity affecting the climate would be required to prove that its activity does not have negative climate effects. Regarding crimes against the environment regulated in Turkish Penal Code No. 5237, increasing penalty amounts, creating penalties specific to legal entities due to the fact that such crimes are mostly committed by legal entities such as companies, subjecting legal entities to penalties, and increasing deterrence can be considered." Dr. Süslü also discussed details of the Paris Climate Agreement signed by Turkey in 2021. "By becoming a party to the Paris Agreement, Turkey has committed itself to making domestic law arrangements in accordance with the framework drawn by this agreement. In this sense, the name of the Ministry of Environment and Urbanization was changed first. In other regulations to be made, the basic supervisory obligation will rest with the ministry," he said. Source