Climate change litigation
In 2019, the Supreme Court of the Netherlands confirmed that the government must cut carbon dioxide emissions. This ruling relied on one specific legal category: constitutional law focused on breaches of rights by the state. Climate change litigation typically engages in five distinct types of claims to challenge inaction. Constitutional law focuses on breaches of constitutional rights by the state. Administrative law challenges the merits of administrative decision making within existing laws. Private law challenges corporations or other organizations for negligence, nuisance, trespass, public trust, and unjust enrichment. Fraud or consumer protection claims challenge companies for misrepresenting information about climate impacts. Human rights claims assert that failure to act on climate change fails to protect human rights.
The 2017 UN Litigation Report identified 884 cases in 24 countries. As of the 1st of July 2020, the number of cases had almost doubled to at least 1,550 climate change cases filed in 38 countries. By December 2022, the number had grown to 2,180, including 1,522 in the U.S. Scholars have observed a rapidly growing landscape of climate litigation as of 2024. Courts are shaping law and governance trajectories beyond the narrow confines of domestic law. The number of litigation cases is expected to continue rising in the 2020s. In March 2025, the U.S. Supreme Court declined a request by Republican-led states to block efforts by Democratic-led states to file lawsuits in state courts holding energy companies accountable for damages caused by climate change.
In June 2021, after a six year long legal battle, the Court of First Instance ruled that the climate targets of the government of Belgium were too low. This ruling breached the right to life and the right to respect for private and family life under the European Convention on Human Rights. In 2021, Germany's supreme constitutional court ruled in Neubauer v. Germany that the government's climate protection measures were insufficient to protect future generations. A court case brought by German citizens against their government in 2022 based on a newly minted human right to breathe clean and healthy air could pave the way for future legislation. In December 2024 the Supreme Court in South Africa stopped the plans of the government to add 1,500 megawatts of coal-fired power. The court said it was unlawful and invalid.
The Milieudefensie et al v Royal Dutch Shell case was decided in May 2021. The district court of The Hague ordered Royal Dutch Shell to cut its global carbon emissions by 45% by the end of 2030 compared to 2019 levels. On the 9th of May 2023, Greenpeace Italy and advocacy group ReCommon announced they would file a lawsuit against national energy company Eni. The allegations focused on Eni's central role in increasing fossil fuel usage throughout the latest decades despite being aware of the emissions' worst risks. A DeSmog inquiry revealed evidence supporting the lawsuit's claims including a study commissioned by Eni itself from an affiliate research centre between 1969 and 1970 which had underlined the risk of a catastrophic climate crisis by 2000. The plaintiffs asked the court to acknowledge the damage and violation of their human rights to life, health and an undisturbed personal life.
In 2015, a number of American youth filed a lawsuit against the United States government contending that their future lives would be harmed due to the government's inactivity towards mitigating climate change. While similar suits had been filed and dismissed for numerous reasons, Juliana v. United States gained traction when a District Judge Ann Aiken ruled that the case had merit to continue. The lawsuit was eventually dismissed due to limits of judicial functions under the doctrine of separation of powers. In October 2019, a group of 15 youths filed a lawsuit against the government of Canada claiming that the government's lack of climate change action violated their rights to life, liberty and equality. The lawsuit was dismissed in November 2020. As of February 2020, Australia had the second most number of cases pending in the world with almost 200 cases including Youth Verdict v. Waratah Coal where eight young people unsuccessfully argued for an injunction against the expansion of a Whitehaven coal mine.
As the number of successful cases increases the energy transition risk to some companies operating in high-emitting sectors. They might argue that there was an alleged breach of international investment agreements even if governments' actions were taken to comply with a judicial decision. One example is the case of RWE v The Netherlands in which RWE, a German energy company, filed suit against the Dutch government under the Energy Charter Treaty. This alleged that the government failed to allow adequate time and resources to enable the company to transition away from coal. A study from 2024 found that nearly 50 of the more than 230 recorded cases filed in 2023 include non-aligned arguments. The vast majority of these were filed in the US. At times actors involved in such cases appear to be intentionally seeking to use legal tactics to obstruct climate action.
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Common questions
What legal category did the Supreme Court of the Netherlands use to confirm that the government must cut carbon dioxide emissions in 2019?
The Supreme Court of the Netherlands relied on constitutional law focused on breaches of rights by the state. This ruling confirmed that the government must cut carbon dioxide emissions.
How many climate change cases were filed globally as of December 2022 and how many were in the U.S?
As of December 2022, the number of climate change cases had grown to 2,180 including 1,522 in the U.S. The total count represents a significant increase from previous years.
When did the district court of The Hague order Royal Dutch Shell to cut its global carbon emissions?
The Milieudefensie et al v Royal Dutch Shell case was decided in May 2021. The district court ordered Royal Dutch Shell to cut its global carbon emissions by 45% by the end of 2030 compared to 2019 levels.
Which country's supreme court stopped plans to add coal-fired power in December 2024?
In December 2024 the Supreme Court in South Africa stopped the plans of the government to add 1,500 megawatts of coal-fired power. The court said it was unlawful and invalid.
What happened to the Juliana v United States lawsuit filed by American youth in 2015?
The lawsuit was eventually dismissed due to limits of judicial functions under the doctrine of separation of powers. A District Judge Ann Aiken initially ruled that the case had merit to continue before this dismissal occurred.