Exploring the Evolving Landscape of Climate Litigation: A Look Back at 2023 and Ahead to 2024

In 2023, the legal landscape of climate litigation saw significant developments, setting the stage for a transformative phase in the legal confrontations around climate change. As we reflect on the past year and look ahead to 2024, it is evident that the judiciary’s involvement in tackling environmental challenges and protecting human rights and Indigenous rights is escalating.

One of the key highlights of 2023 was the filing of the first climate deception lawsuits against fossil fuel companies by Native American tribes in Washington state. The Makah Indian Tribe and the Shoalwater Bay Indian Tribe sued Exxon Mobil, Shell, and others, marking a historic moment in the fight against climate injustice.

Additionally, a federal court ruling in favor of the “Juliana 21,” a group of youth plaintiffs in the Youth v. United States case, paved the way for these young activists to advance towards trial. In California, 18 young individuals filed a case against the U.S. EPA, alleging that the agency has allowed dangerous levels of climate pollution, harming and discriminating against them.

As we move into 2024, the momentum in climate litigation continues to grow. Courts in Minnesota and Delaware have made significant rulings in climate deception lawsuits, allowing these cases to proceed in state courts. The Ontario Court of Appeal also heard oral arguments in a Canadian youth climate case, further highlighting the global nature of climate litigation.

Looking back at the predictions made for 2023, it is clear that while progress was made in some areas, challenges still remain. The focus on fossil fuel phaseout cases, the importance of legal discovery, and the strengthening of human rights connections are key themes to watch out for in 2024. As courts around the world continue to grapple with the complex issues surrounding climate change, it is evident that the fight for climate justice is far from over.

As we navigate the legal complexities of climate litigation in the coming year, it is essential to remember that real solutions exist, and progress can be made. By embracing a holistic view of climate impacts and working together towards a sustainable future, we can make a meaningful difference in the fight against climate change.