Berliner Boersenzeitung - Courtrooms: a growing arena in the climate fight

EUR -
AED 3.849071
AFN 71.56307
ALL 98.465648
AMD 409.468215
ANG 1.893231
AOA 955.718831
ARS 1054.749619
AUD 1.614472
AWG 1.886288
AZN 1.782519
BAM 1.960492
BBD 2.120976
BDT 125.530419
BGN 1.955562
BHD 0.394986
BIF 3103.196944
BMD 1.047938
BND 1.415574
BOB 7.285435
BRL 6.079039
BSD 1.050514
BTN 88.559806
BWP 14.350343
BYN 3.437727
BYR 20539.583235
BZD 2.117468
CAD 1.478023
CDF 3007.581455
CHF 0.929259
CLF 0.037074
CLP 1022.998268
CNY 7.586809
CNH 7.612525
COP 4594.945795
CRC 535.319825
CUC 1.047938
CUP 27.770355
CVE 110.527404
CZK 25.320383
DJF 187.057666
DKK 7.458693
DOP 63.30425
DZD 140.071563
EGP 51.976684
ERN 15.719069
ETB 130.985724
FJD 2.385055
FKP 0.827155
GBP 0.834903
GEL 2.860704
GGP 0.827155
GHS 16.544594
GIP 0.827155
GMD 74.40381
GNF 9052.578203
GTQ 8.111179
GYD 219.775967
HKD 8.155697
HNL 26.545275
HRK 7.475213
HTG 137.878655
HUF 410.760113
IDR 16678.246381
ILS 3.821337
IMP 0.827155
INR 88.337079
IQD 1376.09326
IRR 44105.092296
ISK 145.129213
JEP 0.827155
JMD 166.717396
JOD 0.743407
JPY 161.017234
KES 135.70087
KGS 90.949906
KHR 4216.049598
KMF 491.430873
KPW 943.143731
KRW 1465.744813
KWD 0.322524
KYD 0.875395
KZT 524.545339
LAK 23070.211523
LBP 94069.025555
LKR 305.681556
LRD 189.077086
LSL 18.992854
LTL 3.094288
LVL 0.633887
LYD 5.141304
MAD 10.554058
MDL 19.202956
MGA 4908.747592
MKD 61.56337
MMK 3403.661487
MNT 3560.892996
MOP 8.418247
MRU 41.772186
MUR 49.588583
MVR 16.191014
MWK 1821.559347
MXN 21.56301
MYR 4.679056
MZN 66.935227
NAD 18.992854
NGN 1763.815703
NIO 38.652133
NOK 11.634516
NPR 141.698761
NZD 1.793324
OMR 0.403444
PAB 1.050514
PEN 3.978622
PGK 4.231643
PHP 61.81779
PKR 291.766354
PLN 4.315041
PYG 8184.587316
QAR 3.832098
RON 4.978336
RSD 117.014826
RUB 108.987644
RWF 1434.318918
SAR 3.935285
SBD 8.792818
SCR 14.272552
SDG 630.332048
SEK 11.536377
SGD 1.412348
SHP 0.827155
SLE 23.785419
SLL 21974.73918
SOS 600.330981
SRD 37.195469
STD 21690.199169
SVC 9.191998
SYP 2632.975314
SZL 18.987441
THB 36.352603
TJS 11.197577
TMT 3.678262
TND 3.331979
TOP 2.45438
TRY 36.278175
TTD 7.135076
TWD 34.036696
TZS 2777.035195
UAH 43.594831
UGX 3892.31507
USD 1.047938
UYU 44.775876
UZS 13476.251302
VES 48.817455
VND 26630.722396
VUV 124.413296
WST 2.925414
XAF 657.52431
XAG 0.034524
XAU 0.000399
XCD 2.832105
XDR 0.803523
XOF 657.530599
XPF 119.331742
YER 261.905872
ZAR 18.978345
ZMK 9432.70014
ZMW 28.966322
ZWL 337.435583
  • RBGPF

    0.8100

    61

    +1.33%

  • CMSC

    0.0578

    24.73

    +0.23%

  • BTI

    -0.0500

    37.33

    -0.13%

  • NGG

    0.1500

    63.26

    +0.24%

  • BP

    -0.4000

    29.32

    -1.36%

  • CMSD

    0.1200

    24.58

    +0.49%

  • GSK

    0.1900

    34.15

    +0.56%

  • RIO

    0.6300

    62.98

    +1%

  • AZN

    0.7700

    66.4

    +1.16%

  • SCS

    0.4500

    13.72

    +3.28%

  • RELX

    -0.1800

    46.57

    -0.39%

  • JRI

    0.1600

    13.37

    +1.2%

  • VOD

    0.1800

    8.91

    +2.02%

  • BCE

    0.2500

    27.02

    +0.93%

  • RYCEF

    0.0200

    6.79

    +0.29%

  • BCC

    8.7200

    152.5

    +5.72%

Courtrooms: a growing arena in the climate fight
Courtrooms: a growing arena in the climate fight / Photo: FREDERICK FLORIN - 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.

(A.Lehmann--BBZ)