The latest climate litigation trends

Litigation

Here’s a note from Andreas Rasche:

In 2023, over 230 new climate cases against corporations or governments were filed in courts, according to new research by LSE’s Grantham Institute. Biggest sub-category: 47 cases alone relate to ‘climate washing’ (70% of these cases being ruled in favour of the claimants). Talk is not cheap anymore…

The U.S. records by far the highest number of cases (1,745 over time with 129 new cases in 2023). Good sign: cases in the Global south are increasing with overall more than 200 recorded cases over time, for instance in India.

Interesting: the database added so-called ‘transition risk’ cases – i.e., cases where boards and management are/were sued because they mismanaged the low-carbon transition (still limited cases, though).

Climate change litigation is vital to ensure accountability. Earlier this year, the European Court of Human Rights ruled that Switzerland did not adequately protect its citizens from the serious adverse effects of climate change on lives, health, well-being and quality of life. This landmark case is likely to create further litigation against governments to push for the development and(!) implementation of adequate climate targets.