Climate Litigation: The Growing Role of Legal Action in Environmental Change

Climate change is an issue that transcends language and borders. Litigation related to this issue has grown rapidly in recent years and is expected to continue increasing. This article provides an overview of what climate litigation is, recent cases addressing the climate crisis and the potential future impact of such litigation. 

What is Climate Litigation?

Climate litigation is a broad term encompassing many aspects and definitions, but at its core, it refers to legal actions aimed at combating climate change. An influential legal framework is the Paris Agreement, which calls for limiting global warming to no more than 1.5°C and reducing emissions by 45%. Earlier this year, the United Nations reported that over 100 countries have adopted net-zero pledges into law. These examples, amongst others, highlight the growing efforts to advance climate-related litigation. 

The Rise of Climate Litigation 

Climate litigation has seen a significant rise in the number of court cases in recent years, largely due to the widespread belief that climate policies remain far behind what is needed.

In October 2021, the Human Rights Council (HRC) adopted a historic resolution recognising the human right to a clean, healthy and sustainable environment.

In September 2022, the United Nations Human Rights Committee found that the Australian Government was violating its human rights obligations to Indigenous Islanders through its inaction on climate change, according to a UNEP report. 

Also in 2022, Friends of the Earth challenged the UK Government’s Net Zero Strategy in the case R (Friends of the Earth) v. Secretary of State for Business, Energy and Industrial Strategy. They sought a judicial review, arguing that the strategy would not meet the carbon budgets set under the Climate Change Act and failed to assess its impact on groups with protected characteristics, such as people with disabilities, people of colour, and older individuals, as required by the Equality Act. In July 2022, the High Court ruled that the government had violated its legal duties under the Climate Change Act 2008. 

These cases, amongst many others, clearly illustrate the growing public pressure on governments and businesses both in the UK and internationally.

A Recent Fossil Fuel Project

A recent example underscoring the importance of upholding climate litigation is the error in granting licenses for fossil fuel projects to three oil and gas companies. The UK Government wrongly approved licenses for oil majors Shell, Ithaca and Equinor for two major offshore developments, as reported by The Financial Times. Two environmental charities, Greenpeace and Uplift, challenged the decision, arguing that the environmental impact assessment considered only the emissions created during fuel extraction and ignored the effects of burning the fuels. A senior campaigner at Greenpeace accused oil companies of attempting to “con” the public, the courts, and the government, calling on them to halt the “reckless and unlawful” projects.

Impact of Climate Litigation

This recent case, alongside others brought internationally, highlights how climate litigation plays a critical role in holding governments and corporations accountable for environmental harm. Globally, legal challenges like these emphasise the gap between climate policies and the urgent need for actions that align with scientific evidence and international commitments to limit global warming. Developing and upholding litigation enforces transparency, ensures compliance, and fosters greater consideration of the environmental impacts of human activities.

The continuous efforts of the public to hold governments, corporations, and other entities accountable for failing to meet legal obligations can strengthen policies whilst raising public awareness. However, robust laws and policies remain essential for major economies to transition to decarbonised approaches, as litigation alone cannot replace this crucial foundation.

Future Challenges

Climate change poses a serious risk to the world, particularly to vulnerable communities that often bear the brunt of its impacts. Climate litigation has created a pathway to help achieve climate change targets as we strive towards a decarbonised and more sustainable future. However, litigation has its limitations. Court rulings can compel governments or companies to revise policies but often lack the depth needed to enforce long-term changes that robust legislation can provide. For a lasting impact, climate litigation must work alongside enforceable laws that address the root causes of the climate crisis.