The courts, key tools in the climate fight

Legal actions against the climate inaction of governments or the polluting policies of companies have skyrocketed in recent years, sometimes managing to influence the climate policies.

It is the result expected by young Portuguese who will be heard by the European Court of Human Rights (ECHR) in which they denounced 32 states for inaction.

Explosion of cases

The number of climate-related disputes doubled between 2017 and 2022, according to UN Environment and researchers at the Sabin Center for Climate Change Law at Columbia University.

In September 2023, the Sabin center’s database had recorded more than 2,500 cases in the world, of which more than 1,600 were in the United States.

“Litigation is a key complement to other forms of campaigning”comments its executive director Michael Burger, explaining this explosion of cases due to “the growing intensity of the climate crisis, its immediacy and the inadequate response of governments and companies.”

However, for a year now, the increase in cases may be slowing down, according to the latest report from the Grantham Research Institute on Climate Change in London, although it is a little early to consider it a trend.

Developing countries continue to represent a very minority (135 cases) although they are increasing.

Effectiveness

Climate disputes “can impact the results and ambition of climate governance”, UN climate experts (IPCC) point out in a 2022 report, in which they highlight that, “in case of success”, when they are directed against a state they can push it to redouble its efforts.

As happened with the ‘Urgenda case’, the name of a Dutch environmental organization. In December 2019, the Dutch Supreme Court ordered the government to reduce its greenhouse gas emissions by at least 25% by the end of 2020.

Following this decision, the Dutch government launched “explicitly linked policies” to the case, Catherine Higham of the Grantham Institute tells AFP.

Although other high-profile cases have come to nothing. AND “Litigation can be double-edged. “There are cases that delay action for climate,” comments the researcher.

Kickback

Experts observe the appearance of what they call cases of “violent reaction”. Broadcasting companies, for example, attack governments that have adopted pro-climate measures that hinder their activities.

“Those who benefit from the status quo will do what they can to preserve their benefits, including going to court”warns Michael Burger.

Lawsuits against pro-climate activists are also included in this category. However, in civil disobedience cases, judges “have generally taken the climate crisis into account” in their decisions, UN Environment notes.

Companies and eco-imposture

Large companies that emit CO2 are also in the spotlight, with demands for compensation and/or changes in their practices.

In a landmark decision, Dutch courts ordered oil giant Shell in 2021 to reduce its CO2 emissions by Four. Five% for 2030 compared to those of 2019. Shell appealed the decision.

Some procedures are more specifically aimed at blocking projects considered harmful to the climate, with varying results.

Experts also point out a new trend: procedures by “greenwashing”that is, eco-imposture or greenwashing, against the communications of large companies or organizations, such as FIFA.

Science to the rescue

Thanks to advances in science, it is now possible to assess the responsibility of climate change for extreme weather events.

At the same time, studies have been carried out to estimate the historical contribution of the main emitters (oil, mining, cement, etc.) to global warming.

These scientific investigations are increasingly used in judicial proceedings.

In June, a county in Oregon, in the northwest of the United States, filed a lawsuit against several oil multinationals, demanding more than US$51 billion from them after the deadly “heat dome” of 2021.

Human rights

A significant proportion of climate disputes use human rights arguments, in particular the right to life, health or a healthy environment.

This occurs especially in cases brought before international courts such as the ECHR.

Key opinions

Climate advocates are eagerly awaiting the rulings requested from the International Court of Justice and the International Tribunal for the Law of the Sea on States’ climate obligations.

“Although these rulings are not binding, they have the potential to shape the development of climate law,” supports the Grantham Institute.