Climate Change Litigation Update: Key Developments and Cases
Climate Change Litigation Continues to Make Waves Around the World
Climate change-related litigation has been on the rise, with new and innovative claims being filed against governments, corporations, and financial institutions across the globe. From actions against governments for failing to mitigate climate risks to private law cases challenging fossil fuel corporations, the legal landscape is evolving to address the urgent need for climate action.
Actions against Governments
In England and Wales, Greenpeace has been granted permission to challenge the UK Government’s decision to award new licenses for oil and gas drilling in the North Sea. The group argues that the environmental impact of extracting oil and gas was not adequately considered.
In the United States, a group of children and young people have filed a landmark climate lawsuit against the State of Montana for its endorsement of an energy system driven by fossil fuels. The claimants argue that the state’s energy policy is violating their human right to a healthy environment.
In the Netherlands, German energy companies RWE and Uniper filed a claim against the Dutch Ministry of Climate and Energy over the Prohibition of Coal in Electricity Production Act. The court dismissed the claim, ruling that the Act was not unlawful as it provided a fair balance for the transition away from coal-fired plants.
Private Law
In the United States, ClientEarth filed a complaint against Cargill for failing to conduct adequate environmental and human rights due diligence on its soya supply chain in Brazil. The complaint alleges that Cargill’s monitoring system does not eliminate links to deforestation and human rights abuses.
In Italy, environmental groups have accused Eni and its shareholders of using lobbying and greenwashing tactics to promote fossil fuels despite knowing the associated risks since 1970. The groups are seeking a court order to compel Eni to cut its carbon emissions by 45% by 2030.
Human Rights and Constitutional Claims
In Sweden, a class action lawsuit has been brought against the government for its alleged failure to mitigate climate change. The claimants argue that Sweden’s inaction has interfered with their rights under the European Convention on Human Rights.
In Australia, the UN Human Rights Committee found that the Australian Government’s failure to protect Torres Strait Islanders from the effects of climate change violated their rights to culture and privacy. The Committee asked the government to compensate the Islanders for the harm suffered.
Consumer Protection
In the United States, a class action lawsuit was filed against Danone Waters of America for falsely claiming that its Evian Natural Spring Water was carbon neutral. The claimants allege that Danone engaged in greenwashing by charging consumers a premium based on misleading representations.
In the Netherlands, the advertising regulator dismissed Shell’s appeal against a ruling that its “Make a difference. Compensate CO2 emissions” campaign was misleading. The campaign was challenged for not adequately communicating the carbon offsetting program.
These cases represent just a snapshot of the growing trend of climate change litigation around the world. As the urgency to address climate change increases, legal action is becoming a powerful tool for holding governments and corporations accountable for their role in the crisis.
