Climate Litigation Cases Double Worldwide, Urgent Action Needed
The number of climate change court cases has more than doubled since 2017, according to a recent report by the UN Environment Program (UNEP) and the Sabin Center for Climate Change Law at Columbia University. Published on the first anniversary of the UN General Assembly’s declaration of access to a clean and healthy environment as a universal human right, the report highlights the growing trend of climate litigation as a means to secure climate action and justice.
The report, titled Global Climate Litigation Report: 2023 Status Review, reviews cases related to climate change law, policy, or science collected up until December 31, 2022. It reveals a significant increase in the total number of climate change cases, from 884 in 2017 to 2,180 in 2022. While the majority of cases have been brought in the United States, climate litigation is now taking root all over the world, with developing countries accounting for about 17 percent of reported cases.
These legal actions have been filed in various courts, including international, regional, and national bodies, as well as special procedures of the UN and arbitration tribunals. They cover a range of issues, including challenges to government decisions that are inconsistent with the goals of the Paris Agreement or a country’s net-zero commitments, as well as claims seeking to hold fossil fuel companies and other greenhouse gas emitters accountable for climate harm.
The report highlights the increasing importance of climate litigation as a means to address the urgent need for climate action. Courts are finding strong human rights linkages to climate change, leading to greater protection for vulnerable groups and increased accountability for governments and corporations. The legal precedents set by these cases are shaping climate change law into a well-defined field.
Notably, the report emphasizes the voices of vulnerable groups being heard globally through climate litigation. It mentions cases brought by and on behalf of children and youth, as well as cases addressing the disproportionate impact of climate change on senior women. These cases exemplify a growing awareness of climate change and the pursuit of justice for affected communities.
Looking ahead, the report predicts a rise in climate litigation cases dealing with climate migration, cases brought by indigenous peoples and local communities, and cases addressing liability following extreme weather events. It also anticipates challenges in applying the science of climate attribution and an increase in backlash cases seeking to dismantle regulations that promote climate action.
In conclusion, the Global Climate Litigation Report sheds light on the exponential growth of climate litigation worldwide. Governments and corporations are being held accountable through legal mechanisms, and vulnerable communities are finding a platform to fight for climate justice. Urgent action is needed to address the widening gap between current climate policies and the necessary measures to keep global temperatures below the 1.5°C threshold. As climate litigation continues to shape the field of climate change law, it has become an essential tool in the fight against the climate crisis.
