Possible disqualification of four justices in the "climate lawsuit"

Supreme Court order issued 28 October 2020 by the plenary of the Supreme Court, HR-2020-2079-P, (case no. 20-051052SIV-HRET)

Nature and Youth Norway
Greenpeace Nordic
The Norwegian Society for the Conservation of Nature (third-party intervener)
The Grandparents Climate Campaign (third-party intervener)
(Counsel Emanuel Feinberg and Cathrine Hambro)


The State represented by the Ministry of Petroleum and Energy
(The Office of the Attorney General represented by Fredrik Sejersted)
(Assisting counsel Anders Flaatin Wilhelmsen)

Justices: Øie, Matningsdal, Skoghøy, Møse, Webster, Matheson, Falkanger, Normann, Bull, Kallerud, Ringnes, Falch, Bergh, Østensen Berglund, Høgetveit Berg

In the so-called climate lawsuit, which will be heard by the plenary of the Supreme Court, the Supreme Court stated that one of the justices, through her participation in the Storting's Human Rights Committee, whose work included the preparation of Article 112 of the Constitution, had expressed her view on one of the central issues in the case. Another justice was a member of the steering committee of two international environmental law organisations that had expressed views on the courts' preferred role in climate lawsuits in general. Both these justices were disqualified to serve in the case according to section 108 of the Courts of Justice Act, the latter by a 10-5 vote. A justice who was married to one of the Court of Appeal judges in the case was disqualified under section 106 (9) of the Courts of Justice Act. A fourth justice had a father-in-law who was a member of an organisation acting as third-party intervener. This did not disqualify her under section 108 of the Courts of Justice Act. Partial dissent 10-5.

Read the whole order

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