Berliner Boersenzeitung - Courtrooms: a growing arena in the climate fight

EUR -
AED 4.273873
AFN 76.929105
ALL 96.379067
AMD 444.029165
ANG 2.083178
AOA 1067.159907
ARS 1669.272238
AUD 1.756871
AWG 2.097662
AZN 1.979007
BAM 1.953746
BBD 2.344035
BDT 142.270396
BGN 1.955457
BHD 0.438721
BIF 3450.522479
BMD 1.163751
BND 1.509219
BOB 8.070548
BRL 6.320677
BSD 1.163776
BTN 104.758292
BWP 15.482786
BYN 3.365775
BYR 22809.524649
BZD 2.340649
CAD 1.612779
CDF 2597.492788
CHF 0.939101
CLF 0.027377
CLP 1074.002511
CNY 8.229703
CNH 8.229217
COP 4447.857307
CRC 568.302402
CUC 1.163751
CUP 30.839408
CVE 110.730605
CZK 24.29028
DJF 206.822123
DKK 7.468604
DOP 74.771025
DZD 151.366954
EGP 55.248856
ERN 17.456269
ETB 180.916335
FJD 2.643812
FKP 0.872848
GBP 0.873441
GEL 3.136298
GGP 0.872848
GHS 13.336175
GIP 0.872848
GMD 85.546628
GNF 10111.253446
GTQ 8.914626
GYD 243.48501
HKD 9.054869
HNL 30.651768
HRK 7.533312
HTG 152.379765
HUF 384.868819
IDR 19409.043474
ILS 3.752108
IMP 0.872848
INR 104.908859
IQD 1524.596811
IRR 49023.021981
ISK 148.913831
JEP 0.872848
JMD 186.573808
JOD 0.825087
JPY 181.472459
KES 150.414828
KGS 101.769946
KHR 4661.987879
KMF 491.10353
KPW 1047.375979
KRW 1710.377003
KWD 0.357377
KYD 0.969884
KZT 594.694649
LAK 25239.567778
LBP 104218.856453
LKR 359.122365
LRD 205.414879
LSL 19.76172
LTL 3.436255
LVL 0.703942
LYD 6.32435
MAD 10.750995
MDL 19.732335
MGA 5189.56521
MKD 61.575251
MMK 2443.911415
MNT 4128.95989
MOP 9.326693
MRU 46.412195
MUR 53.672293
MVR 17.922294
MWK 2018.086552
MXN 21.261474
MYR 4.786468
MZN 74.375604
NAD 19.76172
NGN 1687.974768
NIO 42.824967
NOK 11.789138
NPR 167.613466
NZD 2.01475
OMR 0.447463
PAB 1.163781
PEN 3.914684
PGK 4.938807
PHP 68.853362
PKR 328.919325
PLN 4.23787
PYG 8003.583833
QAR 4.242039
RON 5.08815
RSD 117.38526
RUB 89.084365
RWF 1693.31939
SAR 4.367717
SBD 9.578362
SCR 16.246878
SDG 699.998259
SEK 10.94081
SGD 1.510321
SHP 0.873115
SLE 27.58248
SLL 24403.279831
SOS 663.904724
SRD 44.989458
STD 24087.301428
STN 24.474264
SVC 10.183292
SYP 12867.40098
SZL 19.756225
THB 37.123534
TJS 10.677872
TMT 4.084767
TND 3.418505
TOP 2.802034
TRY 49.539023
TTD 7.884743
TWD 36.277034
TZS 2851.190884
UAH 49.062908
UGX 4117.670065
USD 1.163751
UYU 45.462194
UZS 13954.326331
VES 299.789534
VND 30676.48315
VUV 141.795037
WST 3.245248
XAF 655.270765
XAG 0.020015
XAU 0.000278
XCD 3.145096
XCG 2.097494
XDR 0.81481
XOF 655.267953
XPF 119.331742
YER 277.613186
ZAR 19.828029
ZMK 10475.158382
ZMW 26.912815
ZWL 374.72743
  • RBGPF

    0.8500

    79.2

    +1.07%

  • JRI

    -0.0700

    13.72

    -0.51%

  • BCC

    -1.2400

    71.81

    -1.73%

  • CMSC

    -0.2100

    23.22

    -0.9%

  • RELX

    -0.8400

    39.48

    -2.13%

  • RIO

    -0.0400

    73.02

    -0.05%

  • BTI

    0.4000

    57.41

    +0.7%

  • GSK

    0.0600

    48.47

    +0.12%

  • NGG

    -0.0800

    75.33

    -0.11%

  • SCS

    -0.0200

    16.12

    -0.12%

  • BCE

    -0.2100

    23.34

    -0.9%

  • RYCEF

    0.3100

    14.8

    +2.09%

  • CMSD

    -0.0800

    23.17

    -0.35%

  • VOD

    0.0300

    12.5

    +0.24%

  • AZN

    1.1000

    91.28

    +1.21%

  • BP

    -0.0500

    35.78

    -0.14%

Courtrooms: a growing arena in the climate fight
Courtrooms: a growing arena in the climate fight / Photo: FREDERICK FLORIN - 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.

(A.Lehmann--BBZ)