The Surge in Climate Change Lawsuits: New Players Emerge on the Legal Battlefield

Climate change lawsuits are experiencing a significant upsurge worldwide, with a diverse range of plaintiffs challenging governments and corporations on their climate-related actions and inactions. In this article, we delve into this legal battleground, highlighting recent developments and emerging players.

The Groundbreaking Case

In a groundbreaking move, six Portuguese youth activists have filed a lawsuit accusing 32 governments of failing to address climate change adequately. This legal action marks the first time that such a large number of countries will appear as defendants in a single court case anywhere in the world. Notable points about this case include:

·      The defendants include the 27 European Union members, Norway, Turkey, the UK, Switzerland, and Russia, though the latter did not appear at the initial hearing.

·      The plaintiffs' primary argument revolves around the assertion that they have not exhausted all available avenues for their case. They also argue that the suggested obligations are excessively broad, potentially applying to anyone globally.

·      Some nations have defended themselves by citing their climate policies, emphasizing their commitment to addressing climate change.

The campaigners, ranging in age from 11 to 24, argue that their rights to life, privacy, and family, as outlined in the European Convention on Human Rights, have been violated due to extreme heat and wildfires in Portugal. They contend that while they endured "unbearable" heat, fossil fuel companies reaped "unacceptable" profits.

This landmark case revolves around accusations that these nations have not adequately reduced emissions, ultimately failing to meet the Paris Climate Agreement's goal of limiting global temperature increases to below 1.5°C.

The Rising Global Trend

The Portuguese youth activists' lawsuit is not an isolated incident but part of a growing trend. Climate change-related lawsuits have more than doubled since 2017, signaling the rising global concern for climate action. Key insights include:

·      The United Nations reports a substantial increase in climate-related cases, with 2,180 initiated in 2022.

·      Notable countries with significant numbers of climate cases include the USA, Australia, Great Britain, the EU, Germany, Canada, Brazil, New Zealand, and France.

These lawsuits generally fall into several categories:

·      Cases reliant upon human rights embedded in international law and/or national constitutions.

·      Legal battles over domestic non-enforcement of climate-related policies and laws.

·      Activist-led cases aiming to halt fossil fuel extraction.

·      Advocacy for better climate disclosures and an end to greenwashing.

·      Claims targeting corporate liability and responsibility for climate-related harms.

·      Cases addressing failures to mitigate the impacts of climate change.

New Players and Disconnects

Besides the Portuguese youth activists, other new players have entered the climate litigation arena. This includes a former French mayor and a group of Swiss women aged 78 to 89, among others. These individuals represent a broader trend of diverse plaintiffs seeking legal recourse for climate-related concerns.

One significant driver of these climate change lawsuits is the perceived disconnect between governments' commitments to decarbonization and their policy implementation:

·      California recently filed a lawsuit against major oil companies for allegedly covering up the link between fossil fuel acquisition and climate change through disinformation campaigns.

·      A ruling in August from Montana, USA, favored 16 young environmentalists who argued that state agencies had neglected their duty to protect citizens by granting permits for fossil fuel activities without accounting for greenhouse gas emissions.

Public Perception and Climate Litigation

The increasing number of climate change lawsuits is closely linked to shifts in public perception. As climate change gains prominence in public discourse, legal action has become a critical tool for holding governments and corporations accountable for their contributions to this global crisis.

Climate change lawsuits are experiencing a notable surge, with a diverse range of plaintiffs challenging the status quo and demanding action. The emergence of new players, including the Portuguese youth activists, reflects a growing global concern for climate change and a determination to push for meaningful change through the legal system. As these cases unfold, they continue to shape the discourse around climate action, urging governments and corporations to step up their efforts to combat climate change and protect the future of our planet.