Climate Change Litigation: A Growing Trend in Environmental Law

As the effects of climate change become increasingly visible, from rising sea levels to extreme weather events, the courtroom has emerged as a pivotal arena for addressing environmental challenges. Climate change litigation—a growing area within environmental law—has seen a surge in cases aimed at holding governments, corporations, and other entities accountable for their role in global warming. This article explores the evolving landscape of climate litigation, its legal foundations, landmark cases, and the broader implications for policy, business, and environmental justice.

Understanding Climate Change Litigation

What is Climate Change Litigation?

Climate change litigation refers to lawsuits and legal actions that address issues related to climate change. These cases often aim to:

• Compel governments or agencies to enforce or strengthen environmental policies.
• Hold corporations liable for greenhouse gas (GHG) emissions or environmental harm.
• Protect vulnerable communities from the impacts of climate change.
• Advance public awareness and accountability.

Types of Climate Change Cases

Climate litigation falls into two broad categories:

1. Mitigation cases: Focus on reducing GHG emissions or enforcing climate-related policies, such as challenging the approval of fossil fuel projects or inadequate regulatory standards.
2. Adaptation and loss cases: Seek compensation for damages caused by climate change, such as property destruction, loss of livelihoods, or threats to public health.

Legal Foundations of Climate Litigation

Domestic Laws

In the United States, climate litigation often leverages:

• The Clean Air Act (CAA): Provides a regulatory framework for controlling air pollution, including GHG emissions.
• State laws: Many states have their own environmental laws and climate action plans, offering additional avenues for litigation.
• Common law doctrines: Plaintiffs frequently invoke nuisance, negligence, and trespass claims to address harms caused by climate change.

International Agreements and Principles

Global agreements and principles also inform climate litigation, including:

• The Paris Agreement (2015): A cornerstone of international climate action, the agreement commits signatories to limiting global warming to below 2°C above pre-industrial levels.
• The “polluter pays” principle: Found in international law, this principle argues that those responsible for environmental harm should bear the costs of mitigation or damages.

Landmark Climate Change Cases

Massachusetts v. Environmental Protection Agency (2007)

In this landmark case, the U.S. Supreme Court held that GHGs are pollutants under the Clean Air Act and that the EPA has the authority to regulate them. This decision paved the way for stricter emissions standards and laid a foundation for future climate litigation.

Juliana v. United States

Filed in 2015, this case features young plaintiffs suing the federal government for failing to address climate change, arguing that it violates their constitutional rights to life, liberty, and property. While procedural challenges have delayed a resolution, the case underscores the growing role of youth activism in climate litigation.

Global Precedents: Urgenda Foundation v. The Netherlands

In 2019, the Dutch Supreme Court upheld a lower court’s decision requiring the government to reduce GHG emissions by at least 25% by 2020 compared to 1990 levels. This case, based on human rights and tort law, has inspired similar lawsuits worldwide.

Key Players in Climate Litigation

Governments and Regulatory Agencies

Governments are often both defendants and plaintiffs in climate litigation:

• Defendants: Accused of failing to act on climate change or violating environmental laws.
• Plaintiffs: Seeking damages or enforcement of international agreements against other nations or entities.

Corporations and Fossil Fuel Companies

Major corporations, particularly in the fossil fuel industry, are frequent targets:

• Carbon majors cases: Lawsuits against companies like ExxonMobil, Chevron, and Shell for their contributions to climate change and alleged efforts to mislead the public about climate risks.
• Financial institutions: Increasingly, banks and investors face scrutiny for funding fossil fuel projects.

NGOs and Advocacy Groups

Non-governmental organizations (NGOs) play a critical role by:

• Filing lawsuits to protect vulnerable ecosystems or communities.
• Supporting strategic litigation to set legal precedents.
• Providing resources and expertise to plaintiffs.

Vulnerable Communities and Indigenous Groups

Climate litigation often amplifies the voices of marginalized groups disproportionately affected by climate change, including Indigenous communities fighting for land rights and coastal populations seeking protection from rising sea levels.

Challenges in Climate Litigation

Establishing Causation and Liability

A central hurdle in climate litigation is proving causation—linking specific defendants’ actions to particular climate harms. This challenge is compounded by:

• The diffuse nature of GHG emissions.
• The global and long-term impacts of climate change.
• The involvement of multiple actors over decades.

Jurisdictional Issues

Climate change is a global problem, but legal systems are national or regional. Determining jurisdiction in cross-border cases can complicate proceedings.

Political and Economic Resistance

Powerful industries and political interests often oppose climate litigation, citing concerns about economic impacts, energy security, and regulatory overreach.

The Role of Climate Science and Technology

Attribution Science

Advances in attribution science have bolstered climate litigation by:

• Quantifying the contribution of specific entities to global emissions.
• Linking individual weather events, such as hurricanes or wildfires, to climate change with increasing precision.

Technology in Evidence Gathering

From satellite imagery to AI-based data analysis, technology enhances the ability to track emissions, document environmental damage, and support legal claims.

Implications of Climate Litigation

Driving Policy Change

Even when unsuccessful, climate lawsuits often influence policy by:

• Raising public awareness of climate risks.
• Pressuring governments and corporations to adopt more sustainable practices.

Financial Impacts on Corporations

The threat of litigation incentivizes companies to:

• Disclose climate-related risks to shareholders.
• Shift investments toward renewable energy and low-carbon technologies.

Advancing Environmental Justice

Climate litigation provides a platform for addressing historical inequities, amplifying the voices of those most affected by climate change, and ensuring that vulnerable populations receive compensation and protection.

The Future of Climate Litigation

Expanding Legal Theories

Innovative legal strategies continue to emerge, including:

• Rights-based approaches: Arguing that climate change infringes on fundamental human rights.
• Corporate responsibility claims: Targeting directors and officers for failing to address climate risks.

Growing Influence of Youth and Activism

Youth-led movements, exemplified by Greta Thunberg’s Fridays for Future, are increasingly driving climate litigation and shaping public discourse.

International Developments

Global efforts, such as the proposed recognition of ecocide as an international crime, may strengthen legal tools for combating climate change on a global scale.

Conclusion

Climate change litigation is reshaping environmental law and policy in profound ways. By holding governments and corporations accountable, these lawsuits highlight the urgent need for collective action to mitigate and adapt to climate change. While challenges remain, the growing body of climate-related legal precedent underscores the power of the law as a tool for addressing one of the greatest challenges of our time. As the trend gains momentum, its impact will be felt not only in courtrooms but also in boardrooms, legislatures, and communities worldwide.