File:Climate cases on the rise - Nature, Sept 2021.png

More on climate e-lawsuits trending / rights-based litigation

• https://www.nature.com/articles/d41586-021-02424-7

Grantham Research Institute on Climate Change and the Environment

• https://www.lse.ac.uk/granthaminstitute/news/a-first-global-mapping-of-rights-based-climate-litigation-reveals-a-need-to-explore-just-transition-cases-in-more-depth/

• https://www.lse.ac.uk/granthaminstitute/publication/global-trends-in-climate-litigation-2021-snapshot/

Climate Change Laws of the World

• https://climate-laws.org/

Key messages re: climate change lawsuits/litigation

• Climate change litigation continues to grow in importance as a way of either advancing or delaying effective action on climate change.

• Globally, the cumulative number of climate change-related cases has more than doubled since 2015. Just over 800 cases were filed between 1986 and 2014, while over 1,000 cases have been brought in the last six years.

• The number of ‘strategic’ cases is dramatically on the rise. These are cases that aim to bring about some broader societal shift.

• Not all strategic litigation is aligned with climate goals. However, not all strategic cases that are not aligned with climate goals are motivated by an intention to prevent climate action.

• Litigation that is aligned with climate goals is on balance seeing success and there has been a run of important wins in the last 12 months, such as the Milieudefensie v. Shell case.

• The number of cases challenging government inaction or lack of ambition in climate goals and commitments continues to grow, with 37 ‘systemic mitigation’ cases identified around the world.

• Cases are targeting a wider variety of private sector and financial actors and there is more diversity in the arguments being used, for example incorporating themes of greenwashing and fiduciary duty. Businesses need to be aware of litigation risk.

• Three areas to watch in the future are value chain litigation, cases of government support to the fossil fuel industry (e.g. through subsidies or tax relief), and cases focused on the distribution of the burdens associated with action, which may be classed as ‘just transition’ cases.

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