Climate change litigation

Supreme Court of the Netherlands, large courtroom

Xiuhtezcatl Martinez for Standing Strong Project

Climate Change Litigation refers to the use of legal action to address the issue of climate change. This form of litigation has become an increasingly important tool in efforts to combat climate change, holding governments and corporations accountable for their contributions to global warming and seeking to enforce policies and actions that mitigate its effects. Climate change litigation can be categorized into two main types: litigation against governments, often for failing to meet legal obligations related to climate change mitigation and adaptation; and litigation against corporations, particularly fossil fuel companies, for their role in contributing to greenhouse gas emissions.

Types of Climate Change Litigation

Litigation Against Governments

This type of litigation often involves plaintiffs arguing that the government has failed to protect its citizens from the impacts of climate change. Cases may be based on constitutional rights, environmental laws, or international agreements. A landmark case in this category is the Urgenda Foundation v. The State of the Netherlands, where the Dutch government was ordered to cut its greenhouse gas emissions more aggressively to protect its citizens from climate change.

Litigation Against Corporations

Corporation-focused litigation typically targets companies in the fossil fuel industry, alleging that these entities have contributed significantly to climate change and have failed to disclose the risks associated with it to their investors or the public. An example of this type of case is Juliana v. United States, although it is against the government, it highlights the responsibility of entities in contributing to climate change and the legal obligations to mitigate it.

Legal Basis for Climate Change Litigation

The legal arguments in climate change litigation vary widely but often include:

• Violations of constitutional rights to life, liberty, and property
• Failure to fulfill statutory duties under environmental legislation
• Public nuisance claims against corporations for contributing to global warming
• Negligence for failing to mitigate the risks of climate change
• Breach of fiduciary duty by failing to disclose financial risks related to climate change

Challenges and Criticisms

Climate change litigation faces several challenges, including the difficulty of attributing specific harms to climate change, the question of legal standing, and the potential for courts to defer to the legislative and executive branches on policy issues. Critics also argue that litigation can be a slow and costly process that may not always lead to effective climate action.

Impact of Climate Change Litigation

Despite these challenges, climate change litigation has had significant impacts. It has led to stronger climate policies in some jurisdictions, increased public awareness of climate issues, and pressured corporations to disclose more information about their greenhouse gas emissions and climate change risks. It also serves as a tool for environmental justice, helping to highlight the disproportionate effects of climate change on certain communities.

Future of Climate Change Litigation

As the impacts of climate change become more apparent, it is likely that climate change litigation will continue to grow. This could include more cases against corporations, especially in sectors beyond fossil fuels, and innovative legal arguments that push the boundaries of existing law.