A new report published today by the United Nations Environment Programme (“UNEP”) with assistance from the Sabin Center for Climate Change Law at Columbia University, documents the growth of litigation challenging the suitability of climate change measures by governments and the private sector.
Increase in climate litigation
Analysing the growth of climate litigation since the publication of the reports in 2017 and 2020, the report highlights that climate change litigation grew from 884 cases in 24 jurisdictions as at March 2017, to 2180 cases in 65 jurisdictions documented until December 2022. The US has 1522 cases, followed by Australia at 127 and the UK with 79. South Africa has 9 cases while Ireland has 4 cases.
Cases expected
The report highlights the types of cases that can be expected to continue, which include litigation concerning human rights, the right to a healthy environment, rights of nature, corporate accountability and responsibility, disclosure reporting, greenwashing and the impacts of and failure to adapt to climate change.
Helpful summaries are provided of case outcomes or those still pending, making this an important guide to understand how legal mechanisms can be used to clarify or force action on climate change. Examples of this highlighted in the report are the cases concerning climate impact considerations in Environmental Impact Assessments, and challenges to detrimental investments. It also considers the development of litigation around transnational responsibility and cases by vulnerable groups, including Indigenous communities and cases brought by and on behalf of children. The report further highlights the types of cases that are likely to increase with the introduction of climate plans and measures, which include just transition cases that seek consultation and protection for workers and communities impacted by such measures, and Investor-State dispute settlements (“ISDS”) where climate objectives that aim to scale back fossil fuel infrastructure by host countries, could result in ISDS claims for compensation by foreign investors.
The full citation of the report is: United Nations Environment Programme (2023). Global Climate Litigation Report: 2023 Status Review. Nairobi, and it is available on the UNEP website here.
Additional material:
In a previous post about the Bonn Climate Conference, the discussions on legal developments were recommended and this can be viewed here.
Sustainable Capabilities 