The courts, protagonists in the fight against climate change

It is increasingly common that the battle against climate change be fought in court, as governments, laws and companies are also being sued for their role in the crisis.

On Tuesday, the European Court of Human Rights (ECtHR) ruled that Switzerland was not doing enough to address climate change, its first such ruling against a state, after a women’s association filed a legal challenge.

Below is some background and opinions from analysts on climate demands around the world.

Explosion of demands

The number of court cases related to climate change doubled between 2017 and 2022, according to the United Nations Environment Program and the Sabin Center for Climate Change Law at Columbia University.

By mid-December, there had been more than 2,500 cases worldwide, according to the Sabin Center’s annual report, with more than 1,600 in the United States.

Of the cases presented, 135 were from developing countries, including the so-called Small Island Developing States, remote nations whose lands are some of the most threatened by climate change.

“Why do climate litigation continue to increase? Because the climate crisis is growing in its intensity, in its immediacy,” Michael Burger, executive director of the Sabin Center, told AFP. “And because government and business action is inadequate to meet the moment,” he added.

According to the latest report from the Grantham Institute for Climate Change Research in London, it seems that the number of lawsuits filed has slowed down in the last year, although it is still too early to know for sure.

Effectiveness

Litigation over climate change has affected the “result and ambition of climate governance” experts from the UN Intergovernmental Panel on Climate Change (IPCC) wrote in a report last year, adding that success stories also serve as a form of external pressure on governments.

Urgenda, an environmental organization in the Netherlands, won a notable victory in the Dutch Supreme Court in 2019, in which judges ordered the government to reduce its greenhouse gas emissions by 25% by the end of the following year.

According to Catherine Higham, a researcher at the Grantham Institute, government policies were subsequently introduced “explicitly related to the case”.

“Double-edged weapon”

But several high-profile cases have been unsuccessful. And those seeking a greener future aren’t the only ones suing: companies that emit large amounts of gases are starting to file lawsuits against climate-friendly laws they oppose.

“Litigation is a double-edged sword”says Higham.

“Those who benefit from the status quo will do what they can to preserve their benefits, and that will include going to court,” Burger added.

Additionally, activists may find themselves in the crosshairs of lawsuits related to disruptive protests, although “judges have generally taken the climate crisis into account,” according to a report by the United Nations Environment Program.

Objective companies

In addition to governments, companies themselves can also be subject to lawsuits, in which litigants press for compensation and changes in their corporate behavior.

In another historic ruling in the Netherlands, Shell was sentenced in 2021 to reduce its CO2 emissions by Four. Five% by 2023, a decision that the oil company is appealing.

A new strategy employed by climate change activists is the so-called “greenwashing”, which accuses companies or organizations of deceptive practices that hide their true environmental footprint. FIFA is one of those accused of this practice.

Solid data

Scientists are increasingly able to establish links between climate change and specific extreme weather events, as well as the role of certain high-emitting industries – from oil extraction to mining to cement production – in climate change, data that is usually used in lawsuits.

In June, a county in the northwestern state of Oregon sued several international oil majors for $51 billion in damages after a “heat dome” will cover the northwest of the country in 2021.

Human rights

Human rights also take center stage in some cases, often in relation to the rights of individuals to health and well-being or to a clean environment.

These types of arguments are frequently presented in cases before international courts, such as the ECtHR.

Non-binding, but influential

Even when decisions are not binding, they can influence the attitudes and policies of governments around the world.

Activists are currently awaiting advisory opinions from the International Court of Justice and the International Tribunal for the Law of the Sea on states’ climate obligations.

“Although these opinions are not binding, they have great potential to shape the future development of climate change legislation”according to the Graham Research Institute.

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