Five Key Insights on Climate Litigation in 2023

On June 29, 2023, the Grantham Research Institute on Climate Change and the Environment at the London School of Economics and Political Science published the Global Trends in Climate Litigation: 2023 Snapshot report, providing a comprehensive analysis of climate litigation trends. Here are some important takeaways from the report by Joana Setzer and Catherine Higham:

Expanding Scope: Climate litigation is no longer limited to carbon majors. The report reveals that the financial sector and trade associations are increasingly facing legal challenges related to climate change. High-emitting activities, including fossil fuel expansion and agricultural practices contributing to deforestation, are being targeted at various stages of their life-cycles, from initial financing to project approval. Prominent lawsuits from the previous year include BNP Paribas and BNDES (Brazil’s Development Bank).

Rise of Climate-Washing Cases: Climate-washing cases experienced significant growth in 2022. These cases involve challenging misleading information, such as corporate climate commitments, product claims, and failure to disclose climate risks. Between 2015 and 2022, 81 climate-washing cases were filed worldwide, with 27 filed in 2021 and 26 in 2022. This marks a substantial increase compared to 9 cases in 2020 and 6 cases in 2019. Notable examples include KLM and FIFA.

Challenging Governments’ Response: Governments’ responses to the climate crisis face scrutiny in numerous countries. Currently, over 80 cases challenge government actions related to climate change. In 2022, new cases emerged in various countries, such as Russia and Sweden. Additionally, ongoing cases and proceedings in international and regional bodies like the European Court of Human Rights and the International Court of Justice are expected to significantly shape the future of climate litigation.

Wide-reaching Impact: Climate litigation is recognized as having a significant global impact. More than 50% of climate cases have resulted in direct judicial outcomes that are favorable to climate action, signaling the influence of these legal proceedings.

Future Trends: The report highlights several emerging trends to watch in the field of climate litigation. These include an increasing focus on biodiversity, cases addressing the responsibilities of governments and corporations to protect the oceans, legal action related to extreme weather events where climate change may not be the central focus, cases involving short-lived climate pollutants, and international litigation between states.

The Global Trends in Climate Litigation: 2023 Snapshot report offers valuable insights into the current state and future directions of climate litigation. For the full report click here.

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