The Fort Worth Press - Courtrooms: a growing arena in the climate fight

USD -
AED 3.673104
AFN 64.000368
ALL 80.950403
AMD 369.010403
ANG 1.789884
AOA 918.000367
ARS 1398.655759
AUD 1.37874
AWG 1.8025
AZN 1.70397
BAM 1.662466
BBD 2.013854
BDT 122.689218
BGN 1.668102
BHD 0.377404
BIF 2975
BMD 1
BND 1.267973
BOB 6.9098
BRL 4.915095
BSD 0.999873
BTN 94.420977
BWP 13.425192
BYN 2.825886
BYR 19600
BZD 2.010964
CAD 1.36705
CDF 2265.000362
CHF 0.776767
CLF 0.022646
CLP 891.290396
CNY 6.80075
CNH 6.796265
COP 3750.48
CRC 459.648974
CUC 1
CUP 26.5
CVE 94.050394
CZK 20.636704
DJF 177.720393
DKK 6.340404
DOP 59.350393
DZD 132.14904
EGP 52.744691
ERN 15
ETB 157.303874
EUR 0.84804
FJD 2.182504
FKP 0.734821
GBP 0.73346
GEL 2.67504
GGP 0.734821
GHS 11.29039
GIP 0.734821
GMD 73.503851
GNF 8780.000355
GTQ 7.634866
GYD 209.223551
HKD 7.83175
HNL 26.620388
HRK 6.393304
HTG 130.919848
HUF 300.190388
IDR 17377.45
ILS 2.901304
IMP 0.734821
INR 94.44155
IQD 1310
IRR 1311500.000352
ISK 122.010386
JEP 0.734821
JMD 157.601928
JOD 0.70904
JPY 156.66204
KES 129.180385
KGS 87.420504
KHR 4010.00035
KMF 418.00035
KPW 899.950939
KRW 1461.920383
KWD 0.30766
KYD 0.833358
KZT 462.122307
LAK 21955.000349
LBP 89550.000349
LKR 321.915771
LRD 183.503772
LSL 16.405102
LTL 2.95274
LVL 0.60489
LYD 6.322723
MAD 9.144703
MDL 17.099822
MGA 4165.000347
MKD 52.319561
MMK 2099.606786
MNT 3578.902576
MOP 8.06268
MRU 39.968719
MUR 46.820378
MVR 15.455039
MWK 1733.612706
MXN 17.177604
MYR 3.921039
MZN 63.903729
NAD 16.405102
NGN 1359.570377
NIO 36.715039
NOK 9.208804
NPR 151.087386
NZD 1.675884
OMR 0.384942
PAB 0.999962
PEN 3.434504
PGK 4.350375
PHP 60.515038
PKR 278.650374
PLN 3.59545
PYG 6107.687731
QAR 3.640374
RON 4.426304
RSD 99.473038
RUB 74.240007
RWF 1460.5
SAR 3.782036
SBD 8.019432
SCR 13.958442
SDG 600.503676
SEK 9.215704
SGD 1.267304
SHP 0.746601
SLE 24.650371
SLL 20969.496166
SOS 571.503662
SRD 37.399038
STD 20697.981008
STN 21.15
SVC 8.749309
SYP 110.543945
SZL 16.370369
THB 32.220369
TJS 9.329718
TMT 3.5
TND 2.866038
TOP 2.40776
TRY 45.349038
TTD 6.776593
TWD 31.316038
TZS 2598.394038
UAH 43.92104
UGX 3746.547108
UYU 39.879308
UZS 12135.000334
VES 499.23597
VND 26308
VUV 118.026144
WST 2.704092
XAF 557.575577
XAG 0.012439
XAU 0.000212
XCD 2.70255
XCG 1.802048
XDR 0.695511
XOF 557.503593
XPF 101.625037
YER 238.625037
ZAR 16.380704
ZMK 9001.203584
ZMW 19.037864
ZWL 321.999592
  • JRI

    0.0000

    13.15

    0%

  • BCC

    -2.0900

    70.67

    -2.96%

  • CMSC

    0.1400

    23.11

    +0.61%

  • BCE

    -0.4300

    24.14

    -1.78%

  • CMSD

    0.1140

    23.534

    +0.48%

  • RBGPF

    0.0000

    63.18

    0%

  • RIO

    2.2700

    105.38

    +2.15%

  • NGG

    0.9800

    86.89

    +1.13%

  • GSK

    -0.0900

    50.41

    -0.18%

  • BTI

    0.2000

    58.28

    +0.34%

  • RYCEF

    -1.0800

    16.37

    -6.6%

  • AZN

    0.3300

    182.85

    +0.18%

  • VOD

    0.5100

    16.2

    +3.15%

  • RELX

    0.0759

    33.58

    +0.23%

  • BP

    -0.4700

    43.34

    -1.08%

Courtrooms: a growing arena in the climate fight
Courtrooms: a growing arena in the climate fight / Photo: © 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.

L.Rodriguez--TFWP