Three-quarters of the nearly 3,000 climate-related legal cases around the world have been filed in the last decade. The Paris Agreement, adopted in 2015, really changed the game for climate litigation. It spurred individuals, civil groups, and governments to use the courts to address climate issues more than ever before.
In 2024 alone, at least 226 new climate cases were filed, bringing the total to 2,967, as noted by two databases from the Sabin Center for Climate Change Law. Interestingly, a significant number of these cases challenge the validity of climate policies. Last year, around 60 of them questioned whether governments and companies have the authority to implement climate action. Joana Setzer, a researcher at the Grantham Institute, describes this dual-use nature of climate litigation. Some cases help fight for climate action, while others can slow it down, creating challenges for policymakers and activists alike.
The recent ruling from the European Court of Human Rights (ECHR) is a prime example of the power of climate litigation. The court sided with a group of over 2,000 older women in Switzerland, who argued that their government’s inaction on climate change violated their rights. They claimed that more heatwaves made life unbearable, asserting that these circumstances infringed on their rights to health and family life.
This ruling is a huge win for climate advocates, as Gerry Liston from the Global Legal Action Network pointed out. Such outcomes may inspire more climate cases across Europe, especially since many governments’ targets are still far from the 1.5°C goal set by the Paris Agreement.
Climate cases are not just a Western issue anymore; they’re gaining traction worldwide. In 2024, the United States filed 164 climate cases, retaining its title as the leader in this area. However, the Global South is seeing rapid growth in climate litigation. Over half of the cases from this region were filed in the last five years, often led by government bodies, which is a stark contrast to just 5% in the Global North.
China is also stepping up in climate litigation. The number of environmental courts there skyrocketed from 134 to 2,813 between 2014 and 2023. More than 1.9 million cases related to climate change have been processed, although many are not yet included in global databases.
Climate litigation’s influence is expanding. Experts note that it’s increasingly seen as a financial risk for companies pushing oil and gas projects. Catherine Higham from the Grantham Institute explains that more entities are now aware they could face legal limitations, making them rethink their strategies.
As international courts weigh in on climate obligations, their opinions may shape both domestic and international climate policies. For example, the International Tribunal on the Law of the Sea ruled that countries must act to reduce greenhouse gas emissions. Although these opinions are not enforceable, their influence could be significant, especially in future court proceedings.
Climate litigation has indeed matured. Its impact is becoming clearer, with more cases aiming for ambitious climate goals. This surge points to a growing urgency worldwide to address climate change through legal means, compelling governments and corporations to consider their actions more carefully.
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