Authors: Schoukens, Hendrik;

Against the backdrop of the rising temperatures, climate change lawsuits have recently emerged as a new lever in order to step up compliance with international climate pledges. As of today, the majority of these strategic lawsuits are based upon tort law and human rights duties. However, many ecosystems are already suffering from the global rise of temperatures, also in Europe. This chapter outlines the potential interplay between the existing protection and restoration duties that are included in the EU Habitats Directive and climate change. First, it is addressed to what extent the risks associated with climate change play a role throughout the designation process for endangered habitats and species. Second, it is analyzed whether the protection mandates could be reframed so as to encompass a clear-cut duty to limit CO2-emitting activities that further jeopardize endangered habitats and species. Third, it is researched to what extent the restoration duties incumbent on the EU Member States could be used as a lever to designate and protect future climate corridor zones, that might be essential for the migration of vulnerable species affected by climate change. The overall conclusion is that the EU Habitats Directive will be at the forefront in future climate litigation.