In 2023, at least 3 cases challenging climate inaction were filed every week: Reports

At least three new cases challenging inaction on climate change were filed every week in 2023, according to a New York-based research centre’s year-end assessment.

Globally, at least 183 new cases related to climate change were filed in 2023. This translates to a minimum of three cases challenging climate inaction being filed every week globally in 2023, the Sabin Center for Climate Change Law noted.

The reports released by the Center (a part of Columbia University) in December and the United Nations Environment Programme (UNEP) in July highlighted the growing trend of climate litigation globally.

Climate litigation was identified in the Intergovernmental Panel on Climate Change’s 2022 report as one of several important new avenues through which climate policy is being influenced around the world.

Such litigations are now becoming an integral part of securing climate action and justice, the two reports released showed.

US leads on climate litigation

Global Climate Litigation Report: 2023 Status Review, released by the UNEP in July 2023, reviewed the climate-related cases and orders as of December 31, 2022. 

Climate Change in the Courts: A 2023 Thematic Retrospective, released by the Sabin Center for Climate Change Law on December 19, delved into pivotal cases and rulings that have significantly influenced the legal discourse on climate change in 2023 or are expected to exert an impact in the foreseeable months and years.

Children, youth, women, senior citizens, and indigenous peoples are turning to litigation as a means to ensure that their needs are taken into account in climate plans and decisions made by both public institutions and the private sector.

These climate-related litigations encompass seven areas, spanning from human rights-based cases compelling climate action to matters related to carbon capture and sequestration, according to the Center.

They also involve seeking corporate accountability, advocating for increased climate disclosures, and calling for an end to greenwashing.

As of December 15, 2023, the Center’s Climate Litigation database (United States + Rest of the World) had 2,540 cases. These legal actions were brought in at 75 bodies worldwide: in international, regional, and national courts, tribunals, quasi-judicial bodies, and other adjudicatory bodies, including special procedures of the UN and arbitration tribunals, the report showed.  

Since 2017, the US has consistently maintained its position as the leader with the highest share of cases filed in the courts. Of the 183 cases filed in 2023, 114 were filed in the US. An additional 70 were filed across the rest of the world, the Sabin Center reported.

Between 2017 and 2023, the proportion of cases outside the US witnessed a rise from 26 per cent to 34 per cent. In 2022, discounting cases within the US, Europe emerged as the region with the highest percentage of cases, totaling 31.2 per cent.

Moreover, there has been a noteworthy increase in developing countries, accounting for approximately 17 per cent of the total cases, the UNEP July report said. Of these, Asia and Africa constituted 6.6 per cent and 2.3 per cent respectively, it added.

Notable cases

Several pivotal rulings and legal submissions during 2023 occurred in cases pertaining to a nation’s compliance with climate targets set through international commitments made by governments.

For instance, international network Friends of the Earth accused the German government in a court case of violating national climate legislation by neglecting greenhouse gas emissions targets in the transportation and building sectors.

Simultaneously, there has been a steady growth in the quantity of cases pertaining to constitutional and human rights matters, in addition to an increase in lawsuits targeting the practice of ‘greenwashing’ and ‘climate washing’.

These include a first-of-its-kind climate trial, where sixteen young citizens of the US state of Montana sued their state over climate change and emerged victorious on August 14, 2023. The case was based on allegations that state energy policies violate the young plaintiffs’ constitutional right to “a clean and healthful environment”.

The United Nations Human Rights Council and the United Nations General Assembly have now recognised the right to a clean, healthy and sustainable environment. Interestingly, courts too have acknowledged the link between human rights and the climate crisis. Thus, the lawsuit heard in the Montana district court is very likely to be a model for other climate advocates. 

“Access to justice enables the protection of environmental law and human rights and promotes accountability in public institutions. It is not enough that we recognise human rights, we must make every effort to protect and uphold them and enable individuals to seek redress where they are violated,” said Patricia Kameri-Mbote, director of the UNEP’s Law Division, in the UNEP report.

In 2023, the number of climate change-related greenwashing cases increased. Nearly 25 per cent of the global cases (excluding the US) were against greenwashing and climate washing.

Sixteen of the 70 new global cases (apart from the US) or 23 per cent were on greenwashing and climate washing. These were filed in the United Kingdom (14), Germany (13), Australia (6), the Netherlands (6), Italy (4), France (3), Canada (3), Switzerland (3), Belgium (1), Denmark (1) and New Zealand (1). Greenwashing refers to misleading advertising and false claims related to climate.

For example, the Swiss Commission for Fairness (SLK) declared that global soccer body FIFA’s advertising of the 2022 Football World Cup in Qatar as ‘carbon neutral’ was misleading. In June 2023, SLK advised FIFA to refrain from making unsubstantiated claims in the future.

The number of climate change-related greenwashing cases in the US increased in 2023, with cases against KLM and Delta Airlines among them.

In Latin America, numerous cases addressing climate impacts and associated damages were either initiated or resolved in 2023. This includes a case linked to environmental damage resulting from the unauthorised occupation of a section of Boa Viagem Beach in Sergipe.

In India, the National Green Tribunal (NGT) in July 2023 acknowledged sea-level rise on islands and established a committee to investigate the consequences of this. The committee submitted its report in October 2023. The document included measures to protect islands.

However, the global database of climate litigations in 2023 is yet to include cases from India.

In the meantime, climate-related litigations may increase. Africa, which is highly vulnerable to climate impacts, could see a surge in climate change-related lawsuits. The complex nature of legal disputes related to climate issues is thus likely to persist in 2024.

The number and diversity of court cases related to climate impacts — extreme weather events and internal displacement — are likely to increase in 2024 according to UNEP and the Sabin Center’s reports.