Increase in Climate Lawsuits: 226 Fresh Cases Registered in the Year 2024, According to Recent Report
In the decade following the Paris Agreement, the landscape of global climate litigation has undergone a significant transformation. The number and complexity of legal actions aimed at compelling governments and corporations to take stronger action on climate change have increased significantly.
One of the key trends in this evolution is the rise of state responsibility litigation. A notable example is the case initiated by the Republic of Vanuatu at the International Court of Justice (ICJ). This small Pacific island nation, heavily threatened by sea-level rise despite contributing only 0.03% of global emissions, seeks to reinforce states' legal obligations under international treaties like the Paris Agreement to take concrete climate action to protect vulnerable populations and future generations.
Another significant trend is the expansion of climate litigation scope. Lawsuits are increasingly addressing not only national governments but also international organizations and private entities, demanding accountability for their roles in contributing to climate change or failing to mitigate its impacts.
Young activists and indigenous groups have also become prominent plaintiffs in climate litigation, framing climate change as a violation of human and constitutional rights. This aligns with the broader trend of leveraging human rights frameworks to advance climate justice.
Focus on the enforcement of international treaties, such as the Paris Agreement, is also a prominent trend. Litigation now often seeks to compel compliance with the Paris Agreement commitments, aiming to hold states accountable for their emissions reduction pledges and adaptation obligations.
The legal recognition of climate impacts on human rights and development is another key trend. Reports from UN special rapporteurs emphasize climate change’s disproportionate impact on low-income countries and vulnerable populations, reinforcing legal arguments that climate inaction constitutes a violation of economic, social, and cultural rights, which courts are increasingly recognizing.
The emergence of legal challenges to fossil fuel industries, though less directly addressed, is also a growing trend. The increasing involvement of law firms with strong climate accountability credentials indicates a growing legal push against fossil fuel companies through litigation, lobbying, and transactional scrutiny.
In China, the legal field has seen significant traction, with the number of environmental courts increasing from 134 to 2,813 between 2014 and 2023. Climate litigation in the Global South is experiencing "dynamic growth," with 60% of all cases recorded in the region filed in the last five years.
A growing number of climate cases, involving government and corporate defendants, are reaching top courts such as supreme or constitutional courts. However, non-climate aligned litigation presents new challenges for politicians, businesses, and climate activists.
Interestingly, cases against corporations have a higher overall success rate compared to cases against government defendants. In China, prosecutors handled over 1.9 million first-instance cases on climate-related topics between 2014 and 2023.
As of 2024, there were 2,967 climate cases filed globally, an increase from 2,741 in the previous year. The US, Australia, the UK, and Brazil are the countries with the highest yearly counts of climate cases.
The ITLOS, the only court to have published its advisory opinion thus far, stated that countries must "take all necessary measures to prevent, reduce and control marine pollution from anthropogenic [greenhouse gas] emissions." However, the real impact of this advisory opinion on climate litigation has yet to be tested.
In conclusion, climate litigation has evolved into a powerful tool for advocacy and enforcement, targeting governments’ treaty obligations and corporate responsibilities, with a strong emphasis on protecting vulnerable communities and future generations from the dire effects of climate change. This growing body of litigation helps drive international attention and policy action on climate change by making states and private actors legally accountable.
- The climate crisis has led to a rise in legal actions aiming to compel governments and corporations to take stronger action on climate change, known as climate action.
- The Republic of Vanuatu, a small Pacific island nation, has initiated a case at the International Court of Justice (ICJ), seeking to hold states accountable for their obligations under international treaties like the Paris Agreement.
- Climate change is increasingly being framed as a violation of human and constitutional rights, with young activists and indigenous groups playing a significant role in climate litigation.
- Enforcement of international treaties is a prominent trend in climate litigation, with a focus on complying with the Paris Agreement commitments and holding states accountable for their emissions reduction pledges and adaptation obligations.
- Reports from UN special rapporteurs emphasize that climate change disproportionately impacts low-income countries and vulnerable populations, bolstering legal arguments that climate inaction violates economic, social, and cultural rights.
- Fossil fuel industries are facing increasing legal challenges, as more law firms with strong climate accountability credentials become involved in litigation against these companies.
