The Fort Worth Press - Courtrooms: a growing arena in the climate fight

USD -
AED 3.673042
AFN 68.858766
ALL 88.802398
AMD 387.151613
ANG 1.799401
AOA 927.769041
ARS 961.359012
AUD 1.46886
AWG 1.8
AZN 1.70397
BAM 1.749922
BBD 2.015926
BDT 119.312844
BGN 1.750011
BHD 0.376236
BIF 2894.376594
BMD 1
BND 1.290118
BOB 6.899298
BRL 5.418691
BSD 0.998434
BTN 83.448933
BWP 13.198228
BYN 3.267481
BYR 19600
BZD 2.012526
CAD 1.35775
CDF 2871.000362
CHF 0.850342
CLF 0.033728
CLP 930.650396
CNY 7.051904
CNH 7.043005
COP 4153.983805
CRC 518.051268
CUC 1
CUP 26.5
CVE 98.657898
CZK 22.451404
DJF 177.79269
DKK 6.68204
DOP 59.929316
DZD 132.138863
EGP 48.452557
ERN 15
ETB 115.859974
EUR 0.894904
FJD 2.200804
FKP 0.761559
GBP 0.75092
GEL 2.730391
GGP 0.761559
GHS 15.696327
GIP 0.761559
GMD 68.503851
GNF 8626.135194
GTQ 7.71798
GYD 208.866819
HKD 7.790095
HNL 24.767145
HRK 6.799011
HTG 131.740706
HUF 352.160388
IDR 15160.8
ILS 3.777515
IMP 0.761559
INR 83.48045
IQD 1307.922874
IRR 42092.503816
ISK 136.260386
JEP 0.761559
JMD 156.86485
JOD 0.708504
JPY 143.90404
KES 128.797029
KGS 84.238504
KHR 4054.936698
KMF 441.350384
KPW 899.999433
KRW 1332.490383
KWD 0.30507
KYD 0.832014
KZT 478.691898
LAK 22047.152507
LBP 89409.743659
LKR 304.621304
LRD 199.686843
LSL 17.527759
LTL 2.95274
LVL 0.60489
LYD 4.741198
MAD 9.681206
MDL 17.42227
MGA 4515.724959
MKD 55.129065
MMK 3247.960992
MNT 3397.999955
MOP 8.014495
MRU 39.677896
MUR 45.880378
MVR 15.360378
MWK 1731.132286
MXN 19.416804
MYR 4.205039
MZN 63.850377
NAD 17.527759
NGN 1639.450377
NIO 36.746745
NOK 10.482404
NPR 133.518543
NZD 1.603206
OMR 0.384512
PAB 0.998434
PEN 3.742316
PGK 3.9082
PHP 55.653038
PKR 277.414933
PLN 3.82535
PYG 7789.558449
QAR 3.640048
RON 4.449904
RSD 104.886038
RUB 92.240594
RWF 1345.94909
SAR 3.752452
SBD 8.306937
SCR 13.046124
SDG 601.503676
SEK 10.170404
SGD 1.291304
SHP 0.761559
SLE 22.847303
SLL 20969.494858
SOS 570.572183
SRD 30.205038
STD 20697.981008
SVC 8.736188
SYP 2512.529936
SZL 17.534112
THB 32.927038
TJS 10.61334
TMT 3.5
TND 3.025276
TOP 2.342104
TRY 34.124875
TTD 6.791035
TWD 31.981038
TZS 2725.719143
UAH 41.267749
UGX 3698.832371
UYU 41.256207
UZS 12705.229723
VEF 3622552.534434
VES 36.777762
VND 24605
VUV 118.722009
WST 2.797463
XAF 586.90735
XAG 0.03211
XAU 0.000381
XCD 2.70255
XDR 0.739945
XOF 586.90735
XPF 106.706035
YER 250.325037
ZAR 17.38465
ZMK 9001.203587
ZMW 26.433141
ZWL 321.999592
  • RBGPF

    58.8300

    58.83

    +100%

  • NGG

    0.7200

    69.55

    +1.04%

  • RELX

    -0.1400

    47.99

    -0.29%

  • GSK

    -0.8200

    40.8

    -2.01%

  • CMSD

    0.0100

    25.02

    +0.04%

  • CMSC

    0.0300

    25.15

    +0.12%

  • BTI

    -0.1300

    37.44

    -0.35%

  • SCS

    -0.3900

    12.92

    -3.02%

  • AZN

    -0.5200

    78.38

    -0.66%

  • RIO

    -1.6100

    63.57

    -2.53%

  • BP

    -0.1200

    32.64

    -0.37%

  • JRI

    -0.0800

    13.32

    -0.6%

  • RYCEF

    0.0200

    6.97

    +0.29%

  • BCC

    -7.1900

    137.5

    -5.23%

  • VOD

    -0.0500

    10.01

    -0.5%

  • BCE

    -0.1500

    35.04

    -0.43%

Courtrooms: a growing arena in the climate fight
Courtrooms: a growing arena in the climate fight / Photo: © AFP

Courtrooms: a growing arena in the climate fight

The battle against climate change is increasingly being fought in the courtroom, as national governments, specific laws and individual companies are targeted for their roles in the crisis.

Text size:

The cases have sometimes resulted in successfully influencing policy -- an outcome hoped for by the six Portuguese youths who have lodged a case against 32 countries at the European Court of Human Rights (ECHR), accusing the governments of moving too slowly.

Here is some key background and analyst commentary on climate lawsuits around the world:

- An explosion of lawsuits -

The number of court cases linked to climate change doubled between 2017 and 2022, according to the UN Environment Programme and Columbia University's Sabin Center for Climate Change Law.

There were more than 2,500 cases lodged worldwide as of mid-September, a Sabin Center tracker showed, with more than 1,600 in the United States.

Of the cases worldwide, 135 were brought in developing countries, including Small Island Developing States -- far-flung nations whose land is some of the most at-risk from climate change.

"Why is climate litigation still growing? Because the climate crisis is increasing in its intensity, its immediacy," Michael Burger, executive director of the Sabin Center, told AFP.

"And because government and corporate action is inadequate to meet the moment."

The number of cases being filed appears to have slowed over the past year, though it's still too early to tell for sure, according to the latest report from the Grantham Research Institute on Climate Change in London.

- Effectiveness -

Climate change litigation has affected the "outcome and ambition of climate governance," experts from the UN's Intergovernmental Panel on Climate Change (IPCC) wrote in a report last year, adding that successful cases also serve as a form of external pressure on governments.

Urgenda, an environmental organization in the Netherlands, notched a notable win at the Dutch Supreme Court in 2019, with justices ordering the government to reduce its greenhouse gas emissions by 25 percent by the end of the following year.

Government policies "that are explicitly linked to the case" were subsequently introduced, said Catherine Higham, a Grantham Research Institute policy fellow.

- Litigation 'cuts both ways' -

But a number of high-profile cases have been unsuccessful, and those seeking a greener future aren't the only ones filing lawsuits: high-emitting companies are starting to file suit against climate-friendly laws they don't like.

"Litigation cuts both ways," says Higham.

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

Additionally, activists can find themselves in the crosshairs of suits linked to disruptive protests, though "judges have generally taken the climate crisis" as well as the role of civil disobedience "into consideration in sentencing," according to a report from the UN Environment Programme.

- Companies targeted -

In addition to governments, companies themselves can also be the target of lawsuits, with litigants pressing for both compensation and a change in corporate behavior.

In another historic Dutch decision, Shell was ordered in 2021 to reduce its CO2 emissions by 45 percent by 2023 -- a decision the oil major is appealing.

A new strategy employed by climate change activists is to target "greenwashing," accusing companies or organizations of deceptive practices concealing their true environmental footprint.

FIFA is among those that have been accused of the practice.

- Stronger data -

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

A county in the northwestern US state of Oregon filed suit in June against multiple international oil majors, seeking $51 billion in damages after a deadly "heat dome" blanketed the northwest of the country in 2021.

- Human rights -

Human rights also take center stage in some cases, often concerning people's rights to health and well-being or to a clean environment.

These sorts of arguments are often made in cases before international tribunals, like the ECHR.

- Non-binding, but influential -

Even when decisions are non-binding, they can influence government attitudes and policies worldwide.

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

"Although such opinions are non-binding, they have great potential to shape the future development of climate change law," according to the Grantham Research Institute.

L.Rodriguez--TFWP