Ali vs. Federation of Pakistan and Another, 2016

A young girl in Pakistan challenged the government’s plan to exploit untapped coal reserves in the Thar Desert. She argued that exploitation of the Thar coalfields would release approximately 327 billion tons of carbon dioxide (CO2), more than 1,000 times Pakistan’s previous estimate for annual greenhouse gas (GHG) emissions. Coal mining in the Thar Desert would also worsen air pollution, impact water quality and displace residents. She claimed that thousands of Thari people were driven from their land in violation of their right to property, dignity and equal protection before the law. The petition argued that Pakistan could potentially use renewable energy to power all of its energy needs, including in the transport, industrial and agricultural sectors. Ali also sought protection for mangroves for sequestering carbon and protecting against sea level rise. Ali maintained that exploiting the coalfields would further destabilize the climate system and infringe citizens’ constitutional rights to life, liberty, dignity, information and equal protection before the law, among others. The right to life, she argued, included an “inalienable right to a stable climate system” void of dangerous levels of CO2. The petitioner also asserted that increasing Pakistan’s GHG emissions was criminally negligent and would violate the doctrine of public trust. The doctrine of public trust meant the respondents had a “non-discretionary, fiduciary duty to help reduce atmospheric CO2 levels in order to conserve and protect the atmosphere, restore the stability of the Climate [sic] system and restore the energy balance of mother Earth at large.” Ali noted that Pakistan committed to and was bound by the United Nations Framework Convention on Climate Change and the Paris Agreement. While she acknowledged that Pakistan could not solve climate change alone, she said that it must do its fair share to keep atmospheric CO2 concentrations within the safe level. The case remains pending for judgment.