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Climate change litigation

Use of legal practice to further climate change mitigation

  • 28 min read
  • 7 chapters

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Through Environmental law, Consumer protection and Human rights

Since the early 2000s, the legal frameworks for combating climate change have increasingly been available through legislation, and an increasing body of court cases have developed an international body of law connecting climate action to legal challenges, related to constitutional law, administrative law, private law, consumer protection law or human rights. Many of the successful cases and approaches have focused on advancing the needs of climate justice and the youth climate movement. Since 2015, there has been a trend in the use of human rights arguments in climate lawsuits, in part due to the recognition of the right to a healthy environment in more jurisdictions and at the United Nations.

High-profile climate litigation cases brought against states include Leghari v. Pakistan, Juliana v. United States (both 2015), Urgenda v. The Netherlands (2019), and Neubauer v. Germany (2021), while Milieudefensie v Royal Dutch Shell (2021) is the highest-profile case against a corporation to date. Environmental activists have asserted that investor-owned coal, oil, and gas corporations could be legally and morally liable for climate-related human rights violations, even though political decisions could prevent them from engaging in such violations. Litigations are often carried out via collective pooling of effort and resources such as via organizations like Greenpeace, such as Greenpeace Poland which sued a coal utility and Greenpeace Germany which sued a car manufacturer. Such cases may take many years to unfold, and have occasionally been unsuccessful despite lengthy efforts, as was the case with Juliana v. United States.

The 2010s saw a growing trend of activist cases successfully being won in global courts. The 2017 UN Litigation Report identified 884 cases in 24 countries, including 654 cases in the United States and 230 cases in all other countries combined. As of July 1, 2020, the number of cases has almost doubled to at least 1,550 climate change cases filed in 38 countries (39 including the courts of the European Union), with approximately 1,200 cases filed in the US and over 350 filed in all other countries combined. By December 2022, the number had grown to 2,180, including 1,522 in the U.S. The number of litigation cases is expected to continue rising in the 2020s.

In March 2025, the U.S. Supreme Court declined a request by Republican-led states to block efforts by Democratic-led states to file lawsuits in state courts holding energy companies accountable for the damages caused by climate change.

There is a growing number of litigation cases, and international decisions can influence domestic courts. However, some cases work in the opposite direction: they challenge climate action and are not aligned with climate goals.

Methods and types of laws

Climate litigation typically falls into one of five broad areas of law:

  • Constitutional law — focused on breaches of constitutional rights by the state.
  • Administrative law — challenging the merits of administrative decision making within existing on-the-books laws, such as not granting permissions for high-emissions projects.
  • Private law — challenging corporations or other organizations for negligence, nuisance, trespass, public trust, and unjust enrichment.
  • Fraud or consumer protection — typically challenging companies for misrepresenting information about climate impacts.
  • Human rights — claiming that failure to act on climate change or to protect related natural resources, such as the atmosphere or the rainforest, fails to protect human rights.

These areas are not static. For instance, Smith v Fonterra Co-operative Group Ltd argues for the new tort of climate change damage and the New Zealand Supreme Court duly ruled in 2024 that this novel civil wrong can be asserted in future proceedings. however, in May 2026 the New Zealand government countered this decision by introducing legislation to prevent climate lawsuits.

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