Up for hearing this week is the case against the State of the Netherlands in which Greenpeace claims better protection for residents of Bonaire against the climate change impacts. Kennedy Van der Laan acts for Greenpeace Netherlands with a team of attorneys headed by Michael Bacon, in cooperation with (our former colleague) Emiel Jurjens of Prakken d’Oliveira.
This week, the Court in The Hague will examine two questions. Firstly, should Dutch emissions of greenhouse gases go down to zero faster, in order to tackle the causes of climate change (“mitigation”)? Secondly, should the Dutch government take measures to protect the residents of Bonaire better against the climate change impacts (“adaptation”)?
Although Bonaire is a special municipality of the Netherlands, Greenpeace argues that it does not enjoy protection against climate change on an equal footing. While the European part of the Netherlands has dykes, heat plans and water programs, concrete measures are absent on Bonaire, even though the island is extremely vulnerable; some areas are already under threat of permanent submersion around 2050.
Greenpeace and eight residents of Bonaire brought this lawsuit in January 2024 to demand better protection against climate change. Although for formal reasons the residents are not official participants in this lawsuit anymore, some of them will get the chance to tell their story in court.
First case on climate adaptation
This climate case builds on earlier cases like the Urgenda case, in which it was established that the Dutch State is obliged to reduce greenhouse gases emissions drastically. What is new in this case is that besides mitigation, attention was also asked expressly for adaptation – the implementation of protective measures against climate change impacts.
This makes this climate case the first in Europe that specifically seeks the protection of citizens against climate impact via adaptation. The lawsuit elaborates on international case law, including the ruling of the European Court of Human Rights in the Swiss KlimaSeniorinnen case and the recent advice issued by the International Court of Justice in The Hague on the obligations of states to maximize their efforts against the climate crisis.
With this case, Kennedy Van der Laan underlines its commitment to matters concerning fundamental themes like climate, the environment and human rights. Climate change is among the greatest challenges of our time, with far-reaching consequences. Law firms too have the responsibility to contribute to matters that touch the heart of society, such as sustainability, equal treatment and human rights. Kennedy Van der Laan is proud of its colleagues who represent Greenpeace and the residents of Bonaire in this important case for justice in climate policy.
The Court's judgment is expected to be rendered on 28 January 2026.
