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The age of #climatechange #litigation is upon us as a new way to try to ensure #accountability. In 2023, 230 new #climate #cases against #corporations or #governments were filed in #courts seeking to hold governments & companies accountable for climate #action according to new #research by The London School of Economics and Political Science (LSE) & the Sabin Center for Climate Change Law Just 5% of climate cases have been brought before international courts but with a potential to influence domestic proceedings. In 2024, the European Court of Human Rights ruled that #Switzerland did not adequately protect its #citizens from the serious adverse effects of climate change. This landmark case is likely to create further litigation against governments to instill adequate climate targets. Strategic climate cases were also filed against #companies, with the biggest sub-category (47 cases) relating to 'climate washing' (70% ruled in favour of claimants).There were important developments in ‘polluter pays’ (30) cases seeking to hold companies accountable for climate-related #harm allegedly caused by their contributions to #greenhousegas #emissions. Others file ‘corporate framework’ cases, which seek to ensure companies align their group-level #policies & #governance processes with climate goals

Is Arbitration the Key to Resolving Climate Change Disputes? Or Are We Missing Something? As the world grapples with the realities of climate change, the need for effective dispute resolution mechanisms is more critical than ever. Arbitration, known for its efficiency and flexibility, could be an effective tool to address complex climate-related disputes. But is it truly equipped to handle the intricacies of environmental justice and global accountability? While arbitration offers many advantages, it also faces significant challenges regarding climate change. Issues like the need for transparency and the enforceability of climate obligations require us to rethink and adapt traditional arbitration frameworks. The question remains: Can arbitration, with the proper modifications, rise to meet the demands of the climate crisis, or do we need entirely new mechanisms to ensure justice and fairness in these global disputes? #ClimateChange #Arbitration #Sustainability #LegalInnovation #EnvironmentalJustice #ADR #DisputeResolution

Trends in U.S. and International Climate Litigation | Sept 19 | 1 pm EDT Join us for an insightful program on the evolving trends in climate change litigation before judicial and quasi-judicial bodies like the UN Human Rights Council and the Assembly of the Council of Europe. While the U.S. remains a leader in climate litigation, significant international cases offer valuable lessons and highlight key differences in legal strategies. We’ll explore critical issues such as court jurisdiction, enforceable climate rights, and identifying responsible parties, with analysis of landmark cases like Peter Sabo v. European Parliament, Daniel Billy v. Australia, and Milieudefensie v. Royal Dutch Shell. These discussions will shed light on what these global developments mean for the future of U.S. climate litigation. #climatechange #NYCClimateWeek Learn more about this program and the series here: https://ow.ly/aBNb50Tew9e

Trends in U.S. and International Climate Litigation | Sept 19 | 1 pm EDT Join us for an insightful program on the evolving trends in climate change litigation before judicial and quasi-judicial bodies like the UN Human Rights Council and the Assembly of the Council of Europe. While the U.S. remains a leader in climate litigation, significant international cases offer valuable lessons and highlight key differences in legal strategies. We’ll explore critical issues such as court jurisdiction, enforceable climate rights, and identifying responsible parties, with analysis of landmark cases like Peter Sabo v. European Parliament, Daniel Billy v. Australia, and Milieudefensie v. Royal Dutch Shell. These discussions will shed light on what these global developments mean for the future of U.S. climate litigation. #climatechange #NYCClimateWeek Learn more about this program and the series here: https://ow.ly/KnUj50TkFav

Recently breaking term - "#ClimateLitigation", which means use of #LegalAction to address issues related to #climatechange. From the elaborate analysis on 'Global Trends in Climate change litigation : 2024 snapshot', it highlights a rise in climate litigation against companies. As per report, The #US has the highest number of climate-aligned legal actions against corporations and #trade associations, with over 2/3 filed since 2020, based on 2,666 climate litigation #cases, primarily since 2015, following the #ParisAgreement. Historically, the vast majority of climate change litigation cases have been filed against the #governments. This remains true in 2023 too. To know in detail - https://lnkd.in/gZkNNz8f #climatecases #litigation #climateactionnow #casesfiled #protest #Endfossilfuel #JustOil #ReduceEmissions #GlobalTrends #Snapshot #ClimateVotes

Climate change litigation is continuing to mould legal landscapes in 2024. 🌳⚖️ We're tracking key cases and their implications for businesses. Dive into the details here ➡️ https://lnkd.in/eYJXnUxw #ClimateAction #LegalTrends #EcoLaw #ESG

Yesterday, the 6th annual Global Trends in Climate Litigation Report was launched at LSE for London Climate Week. Described by one attendee as the "album drop of the year" for climate litigators and researchers, the report aims to provide a snapshot of how climate-related cases and legal frameworks are evolving year-on-year. Here are some interesting facts from yesterday's event launch: - The rate of climate-related cases is stabilizing since its rapid increase following the 2015 Paris Agreement. However, this could be down to it getting harder to track cases as they become more frequent and distributed geographically. - There were over 2600 confirmed lawsuits in 2023, spanning 55 countries including Panama and Portugal for the first time. 87% of cases were in the global north, but there is a growing trend in the global south, where the majority of the ~200 cases were in Brazil. - The largest trend is in climate litigation targeting corporates. It's no longer just fossil fuels and big tobacco, but spread across many sectors, with the majority of cases focused on greenwashing (with a ~70% success rate). What trends could we see moving forward? 🌿 Biodiversity-linked cases are often overlooked and increasingly more relevant. Furthermore, they could provide a higher success rate since it's easier to prove locally - for instance, being able to trace the supply chain or ownership structures can make it easier to know who to litigate against for crimes against the local ecosystem. 🔎 More scrutiny is needed to show the impact litigation actually has on the ground: does it halt more fossil fuel projects, does it prevent or slow the rate of deforestation, etc. 🏭 Companies will face larger penalties and potentially more criminal charges (rather than traditionally fines or market exclusion in civil suits) given the enforcement of regulatory compliance and an increase in "polluter pays" superfund suits in the US. For those who could not attend, there should be a recording released shortly here: https://lnkd.in/ePG2i324 A huge thanks to LSE for hosting the event, all the wonderful panellists, and of course the Grantham Research Institute on Climate Change and the Environment & the Sabin Center for Climate Change Law for making this seminal report! #climate #climatelaw #litigation #corporatelaw #regulation

Appeal allowed! Mr Smith can proceed with his claim. A ground-breaking day for climate litigation and tort law in the common law world. The Supreme Court held that there was no reason, at the strike out stage, to conclude that tort law could not apply in the realm of climate change and that this was not overriden by the statutory regime. Further, the Court differed from the Court of Appeal on the role of "special damage" and causation in public nuisance. As a result, it considered it was appropriate to also allow the negligence and novel duty claims to proceed. The claims will now be subject to a full substantive consideration (a strike out application only considers whether the claims have no reasonably arguable basis, i.e. the claim is so untenable that it cannot succeed). More analysis to follow! #climatechange #climatelitigation #esglitigation #esg

The Smith climate change judgment will be released by the Supreme Court at 11am on Wednesday. Regardless of the result, it will be a big deal. Unsurprisingly, I’ve cleared my afternoon 👀⚖️⬇️ Mr Smith alleges that seven large corporates have harmed him in nuisance, negligence and a novel duty of care through their emissions. It’s the first attempt to apply tort law (the law allowing people to claim compensation for harm caused by private wrongs based on the parties’ relationship) to climate change litigation. Internationally, these claims are often based on misrepresentation, securities law, statutory obligations on companies, human rights law or public law against states. All three claims were struck out (i.e. dismissed at a preliminary stage on legal grounds) by the Court of Appeal. The Supreme Court heard a week of arguments in August 2022 and will decide whether the case proceeds to a full hearing (with discovery, evidence and a High Court hearing). This Wednesday’s judgment will have significant impacts on the future of climate change litigation in New Zealand and the rest of the world (I know from my European colleagues how often the High Court and Court of Appeal decisions in Smith have been cited there). We’ll have some initial reaction out on Wednesday, followed by more detailed commentary. #climatechange #climatelitigation #esg #esglitigation 📸 Ralph Hutter / Unsplash

Read our Climate Report for some of the latest developments in climate change law.