Global Climate Lawsuits Gain Momentum

Reports show that the number of global climate litigation cases filed against companies continues to grow, and most global climate lawsuits have succeeded. Since 2015, around 230 climate-related cases have been filed against trade associations and corporations. According to a recent Grantham Research Institute on Climate Change & the Environment report, two-thirds of the cases were filed between 2020 and 2024.

Common Forms of Climate Litigation Cases

The most common form of climate litigation is over climate deception and climate washing, where companies misrepresent their progress towards environmental protection targets. The report shows 47 such lawsuits were filed against governments and companies in 2023.

Climate activist groups have been scrutinising climate communications by governments and companies, hence the rise of climate-washing lawsuits. Of the 140 cases reviewed between 2016 and 2023, 77 have concluded, with 54 ending with a favourable ruling for the plaintiffs.

In 2023, more than 30 cases around the polluter pays principle saw companies being held accountable for environmental pollution and climate damage through high greenhouse gas emissions and lack of corporate responsibility. The researchers highlighted six cases that sought to challenge the diversion of funds to areas that hinder climate goals.

Which Countries are Leading in Climate Litigation?

The US recorded the highest number of climate lawsuits in 2023, with 129 cases filed that year. The UK saw 24 lawsuits, while Brazil came in third with 10 cases. Portugal and Panama received their first climate lawsuits in 2023.

About 55 countries have recorded climate-related cases, with the number of cases snowballing in the global south as the block accounts for around 8% of global climate lawsuits.

Who Is Being Sued for Climate and Environmental Pollution?

Most cases have been filed against governments, but the number of cases targeting companies is gradually increasing. However, a significant imbalance exists between the US and the rest of the world.

According to the report, 40% of cases filed outside the US targeted companies, while there were only 15% in the US. The authors cautioned that although some cases, such as those involving government framework, have positively impacted domestic climate governance and environmental law, the implication of cases like climate-washing remains unclear.

Why is Climate Litigation Important?

The importance of climate litigation was highlighted in a 2023 report published by the Sabin Centre for Climate Change Law at Columbia University and the UN Environment Programme (UNEP).

“Climate litigation has become an undeniably significant global trend in how all relevant stakeholders are seeking to advance climate action and corporate responsibility,” said the Head of International Environment Law at UNEP, Andy Raine.

The Most Prominent Climate Litigation Cases

Among the most prominent environmental law cases of 2023 was the Montana Ruling, where the Court ruled in favour of youthful Montana plaintiffs on claims that state officials had infringed on their constitutional right to a clean and healthy environment by promoting fossil fuels.

In the UK, the Supreme Court handed down a landmark judgment finding that the greenhouse gas emissions impact of burning oil, coal and gas should be considered when planning applications for new energy extraction projects. The case was determined after a local campaigner challenged the survey county council’s decision to issue planning permission at an oil drilling site at Horse Hill.

Although climate cases against companies are less established, some have successfully managed to shift corporate behaviour. Santos, the Australian oil company Shell and the Dutch airline KLM are some of the targets in many climate litigation cases challenging the private sector.

A 2023 paper by the London School of Economics & Political Science revealed that environmental law filings or unfavourable court rulings reduce companies’ value on the stock market by an average of 0.41%.

NGOs Sued the EU Over Inadequate Climate Targets

Global Legal Action Network (GLAN) and Climate Action Network (CAN) Europe sued the EU for failing to set ambitious climate targets in markets that contribute the most greenhouse gas emissions in the bloc. CAN and GLAN argue that climate targets laid out for transport, waste, agriculture and small industry in the 27 EU member countries until 2030 are not based on sound scientific conclusions and are grossly inadequate.

The lawsuit was filed before the Court of Justice for the EU and relates to annual emission limits of member states, which are laid out by the European Commission under the Effort Sharing Regulation. Although the EU raised its emission reduction target to 55% by 2030 based on 1990 levels, the NGOs argue that the revision was not ambitious enough to comply with the Paris Agreement and EU treaties.

They said the EU must assess whether the climate target goals align with the Paris Agreement’s objective of maintaining global warming at a maximum of 1.5C. They also challenged the EU’s regulation’s impact assessment, arguing that it should have examined how the regulation affects fundamental rights, such as the right to life and the right to environmental protection.

The NGOs filed their last written submissions in August, and the case is pending hearing in 2025.

Experts Warned Trump’s Win Might Set Back Global Climate Action Efforts

Since assuming office in 2021, President Joe Biden pledged, under the Paris Agreement, to accelerate the trend of cutting US emissions to 50–52% below 2005 levels by 2030 and to net zero by 2050. This was followed by implementing several policies, including the 2022 Inflation Reduction Act, a bill passed by the Democrats to support clean energy projects in the US.

However, climate experts have warned that the return of Donald Trump to the White House poses a grave threat to the progress made in climate action and environmental protection. The president-elect is expected to, yet again, exit the Paris Agreement or remove the US from involvement in the UN environmental law policies in place to deal with the climate crisis.

During his campaign, Trump dubbed climate change “a big hoax”, scorned electric cars and wind energy and vowed to gut existing environmental regulations and the “green new scam” of the US Inflation Reduction Act.

An analysis published by Carbon Brief showed that Trump’s election win could add around 4 billion tonnes to US emissions by 2030, causing global climate damages worth more than $900 billion based on the latest US government valuations.

Source: The Guardian

References:

Carbon Brief

London School of Economics and Political Science

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