Advocate Padam Bahadur Shrestha vs. Prime Minister and Office of Council of Ministers and Others, Case No. 074-WO-0283, Supreme Court of Nepal, 25 December 2018 (2075/09/10 BS)
Advocate Padam Bahadur Shrestha petitioned the Supreme Court of Nepal to issue or writ of mandamus or other appropriate order to enact a new climate change law, when the government failed to act on his application to compel the government to enact such law. Although the Environmental Protection Act has some provisions to address environmental protection along with climate change, the provisions are inadequate as to climate change mitigation and adaptation. The court said that climate change has not only affected human lives but all plants and animal species and their habitats, creating an imbalance in ecology and biodiversity, thereby making it a matter of public concern. In fact, it poses a threat to several generations ahead. Therefore, while carrying out any activity relating to climate change, it should also embrace the principle of climate justice. The need to mitigate the effects of climate change and reduce vulnerability from disasters due to climate change is similarly without contestation. Thus, the court ruled that a consolidated law on climate change dealing with climate change adaptation and mitigation, ensuring environmental justice and with measures for maintaining a clean environment with environmental conservation, necessarily needs to be enacted. This would also facilitate effectuating the commitments under the Paris Agreement on Climate Change.