Every year, the Graham Research Institute on Climate Change and the Environment at the London School of Economics publishes a report reviewing global trends in climate litigation. The report's primary source is the global climate litigation database maintained by the Sabin Centre for Climate Change Law, an ally of the Climate Litigation Platform for Latin America and the Caribbean.
This fifth version of the report covers events between May 2022 and May 2023. It includes an update on the number of cases filed and their categories, a thematic review of the most recent cases, and a discussion of climate policy areas likely to be subject to legal controversy in the coming months and years.
Read the full report here (in English)
Review a summary of the main findings here (in English)
These are the key trends identified in the report:
The Sabin Center's database now contains 2,341 cases, 190 of which were filed in the last 12 months. The growth rate of cases appears to be slowing, but their diversity continues to expand. Cases against corporate actors have increased.
In the past year, cases were identified in seven countries where they had not previously been reported: Bulgaria, China, Finland, Romania, Russia, Thailand, and Turkey. In total, more than 130 cases were reported in the Global South.
Over 50% of cases result in direct court rulings favorable to climate action. Furthermore, these cases also have significant indirect impacts on climate change decision-making, extending beyond the courts. Many cases are still open and could yield further positive results.
At the international level, three requests for advisory opinions were submitted to international tribunals in the last 12 months. There are also pending cases before regional bodies.
> National legal protections (e.g., for the right to a healthy environment), together with national climate legislation, play a key role in cases against governments.
Strategic litigation appears to be on the rise, with recognizable strategies in different jurisdictions. Most of the cases filed seek climate-aligned outcomes, but non-climate-aligned litigation (for example, litigation seeking to limit environmental and social safeguards for investments) is increasing, particularly in the US.
Outside the U.S., there has been an increase in cases against governments and corporations challenging the implementation and ambition of climate policy. There has also been an increase in cases of “climate washing” that challenge purported environmental claims and commitments. Some cases are challenging misinformation, many based on consumer protection law.
The variety of legal arguments used in corporate cases is becoming more complex, with requests combining compensation for past and present losses, contributions to future adaptation costs, and requests for courts to order companies to align their activities with the goals of the Paris Agreement.
Litigation related to investment decisions is on the rise. Although courts have thus far been reluctant to be overly prescriptive, litigation has helped to clarify the parameters within which investment decisions should be made.
Today, emissions-intensive activities are more likely to face challenges at various points in their life cycle, from initial financing to final project approval. This includes the expansion of fossil fuel projects and agricultural practices that exacerbate deforestation.
Every year, the Graham Research Institute on Climate Change and the Environment at the London School of Economics publishes a report reviewing global trends in climate litigation. The report's primary source is the global climate litigation database maintained by the Sabin Centre for Climate Change Law, an ally of the Climate Litigation Platform for Latin America and the Caribbean.
This fifth version of the report covers events between May 2022 and May 2023. It includes an update on the number of cases filed and their categories, a thematic review of the most recent cases, and a discussion of climate policy areas likely to be subject to legal controversy in the coming months and years.
Read the full report here (in English)
Review a summary of the main findings here (in English)
These are the key trends identified in the report:
The Sabin Center's database now contains 2,341 cases, 190 of which were filed in the last 12 months. The growth rate of cases appears to be slowing, but their diversity continues to expand. Cases against corporate actors have increased.
In the past year, cases were identified in seven countries where they had not previously been reported: Bulgaria, China, Finland, Romania, Russia, Thailand, and Turkey. In total, more than 130 cases were reported in the Global South.
Over 50% of cases result in direct court rulings favorable to climate action. Furthermore, these cases also have significant indirect impacts on climate change decision-making, extending beyond the courts. Many cases are still open and could yield further positive results.
At the international level, three requests for advisory opinions were submitted to international tribunals in the last 12 months. There are also pending cases before regional bodies.
> National legal protections (e.g., for the right to a healthy environment), together with national climate legislation, play a key role in cases against governments.
Strategic litigation appears to be on the rise, with recognizable strategies in different jurisdictions. Most of the cases filed seek climate-aligned outcomes, but non-climate-aligned litigation (for example, litigation seeking to limit environmental and social safeguards for investments) is increasing, particularly in the US.
Outside the U.S., there has been an increase in cases against governments and corporations challenging the implementation and ambition of climate policy. There has also been an increase in cases of “climate washing” that challenge purported environmental claims and commitments. Some cases are challenging misinformation, many based on consumer protection law.
The variety of legal arguments used in corporate cases is becoming more complex, with requests combining compensation for past and present losses, contributions to future adaptation costs, and requests for courts to order companies to align their activities with the goals of the Paris Agreement.
Litigation related to investment decisions is on the rise. Although courts have thus far been reluctant to be overly prescriptive, litigation has helped to clarify the parameters within which investment decisions should be made.
Today, emissions-intensive activities are more likely to face challenges at various points in their life cycle, from initial financing to final project approval. This includes the expansion of fossil fuel projects and agricultural practices that exacerbate deforestation.