In 2023, a significant rise in climate change litigation was reported worldwide, with 233 new cases filed seeking judicial intervention on climate-related issues. According to the Grantham Research Institute, which tracks these cases, a majority of them—129 in total—were filed in various jurisdictions across the United States.
The sixth edition of the ‘Global Trends in Climate Change Litigation’ report highlighted a landmark decision by the Indian Supreme Court in April, expanding fundamental rights to include protection from adverse climate impacts. This decision was pivotal in a case concerning infrastructure projects impacting the habitat of the endangered Great Indian Bustard.
Globally, the Sabin Centre for Climate Change Law database records a total of 2,666 climate litigation cases, with the United States leading with 1,745 cases. The United Kingdom followed with a significantly lower number of 24 cases. Developing countries like Brazil have also seen a rise, with 10 cases documented.
Despite the global trend, developing countries like India have seen relatively few climate-related petitions. The report attributes this to a broader focus on environmental and livelihood issues rather than solely on emissions reduction.
The report also noted a shift towards using human rights arguments in climate litigation, citing examples from the European Court of Human Rights. This includes a ruling holding Switzerland accountable for failing to meet emission reduction targets, linking climate action directly to human rights protection.
Governments, NGOs, and even subnational entities are increasingly turning to courts for climate-related matters. In the United States, for instance, government agencies accounted for 20% of new cases filed in 2023, often challenging federal policies or suing oil and gas companies.
While the annual increase in cases has slightly slowed, experts anticipate a resurgence as key cases with far-reaching implications are decided. This growing trend underscores the pivotal role of courts in shaping climate policy and ensuring environmental and human rights protections on a global scale.
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