Why Climate Change Lawsuits Are Becoming More Common
An escalating wave of climate-related lawsuits are hitting governments, fossil fuel companies, and airlines. Databases from Columbia University's Sabin Center for Climate Change Law indicate that there are now over 2,500 such cases globally, and that this trend shows no signs of slowing down. These lawsuits are invaluable in transforming public narratives around climate change and put the spotlight on major polluters and policy-makers who have not taken accountability for their role in the climate crisis. The impact of these legal challenges extends beyond the courtroom.They prompt tangible changes in both government and corporate policies. These cases are pushing for greater environmental responsibility and action by influencing how climate change is addressed and managed on a systemic level, regardless of whether the cases are won or lost. However, recently most of the increasing number of climate change lawsuits filed against companies have successful outcomes.
Why There Is an Uptick in Cases
The rise in climate legal action can be chalked up to several factors including the implementation of new national laws, global commitments, increased public awareness of specific climate change impacts, and the need for immediate action. Advances in climate attribution science have also played a role and demonstrated the link between polluters and climate effects. Moreover, high-profile cases such as the 2021 Milieudefensie et al. v. Royal Dutch Shell in The Hague, where Shell was ordered to cut emissions by 45 percent from 2019 levels by 2030, have led to further legal actions. This case indicates a growing global push for corporate accountability and climate action, despite Shell’s appeal and the relocation of its headquarters to the United Kingdom.
Big Oil Lawsuits
The lawsuits associated with Big Oil are in some ways the most impactful to the future of our planet. But the excessive costs associated with challenging the oil industry have deterred some states from participating in Big Oil-related lawsuits. Nevertheless, climate advocates report growing momentum following recent Supreme Court victories despite these costs. For example, Chicago filed a climate-related lawsuit this year while California became the largest government entity to do so last September. The state of California is seeking to push oil companies to contribute to a fund for climate adaptation efforts. Governor Gavin Newsom's office told Politico that these earlier legal successes bolstered California's confidence and that its case would be heard in state court.
New York City’s lawsuit, filed in 2021, is among the cases invoking laws against deceptive advertising. The city argues that oil companies' "greenwashing" ads falsely present them as climate leaders despite their ongoing increases in fossil fuel production. "We are seeking relief to halt the defendants from making deceptive statements to consumers in New York City," explained Hilary Meltzer, chief of the city’s environmental law division. The lawsuit also aims to impose financial penalties on the defendants.
The Future of Climate Change Litigation
Looking ahead, the United Nations Environment Program (UNEP)-Sabin Center report sheds light on emerging themes in future climate lawsuits. This includes nations' extraterritorial responsibility for climate impacts, cases involving climate migration, and legal actions related to pre and post-disaster adaptation. Vulnerable populations are disproportionately affected by climate change and are also likely to bring forward lawsuits of their own. There has also been an uptick in “backlash cases” aimed at hindering climate mitigation efforts.
Between 2010 and 2014, 14 "backlash" cases were filed under international investment laws, specifically through Investor-State Dispute Settlements (ISDS). These cases challenge government actions affecting foreign investments and include regulations intended to address climate change. ISDS disputes pose a concerning effect on governmental actions due to the potential for financial penalties, even if the disputes may not directly challenge climate regulations.
The surge in climate-related lawsuits against governments, fossil fuel companies, and airlines marks a turning point in global efforts to address climate change. With over 2,500 cases recorded globally with the momentum only increasing, these legal actions are reshaping public discourse and accountability for both major polluters and policymakers. They are pushing for greater environmental responsibility and action, driving real changes in governmental and corporate policies. Despite all the challenges, recent successes and growing momentum make it clear that climate litigation is progressively seen as a critical tool for driving systemic change.
