The Emergence of Climate Litigation

Climate litigation, as a concept, was virtually non-existent until the turn of the century. The first wave of lawsuits primarily focused on corporations, with plaintiffs alleging that companies contributed to climate change through greenhouse gas emissions. The legal argument hinged on public nuisance laws, asserting that these emissions were harmful to the public. However, this approach often proved to be ineffective due to the complex nature of attributing specific environmental harm to individual entities.

Litigation Shifts to Governments

In the past decade, a significant shift has occurred. Rather than targeting corporations, litigants are now holding governments accountable for their actions—or lack thereof—in addressing climate change. The argument is that governments, by failing to mitigate climate change, are not upholding their duty to protect citizens. This shift in focus has resulted in some landmark rulings. For instance, in a historic 2019 case, the Dutch Supreme Court ordered the Dutch government to cut greenhouse gas emissions by at least 25% by the end of 2020.

Current Legal Developments

The trend of climate litigation is spreading globally. In 2020, a group of Portuguese children filed a lawsuit with the European Court of Human Rights, alleging that 33 countries failed to take necessary action against climate change. In the United States, Juliana v. United States, a case filed by 21 youths, alleges that the government’s inaction on climate change violates their constitutional rights. Although the case was dismissed by a federal appeals court in 2020, it remains emblematic of the growing trend of climate litigation.

Societal and Legal Implications

The rise of climate litigation has profound societal and legal implications. From a legal perspective, it challenges traditional legal doctrines and demands courts to reconsider their role in addressing societal issues. On a broader level, it empowers individuals and groups, providing them with a legal avenue to demand climate action. However, it also raises questions about the appropriateness of courts adjudicating complex scientific and policy issues.

Conclusion

The trend of climate litigation underscores the urgency of climate change and the demand for legal recourse. It is a testament to the evolving nature of law and its ability to adapt to societal changes. As this trend grows, it will undoubtedly continue to shape legal and policy discussions, providing a compelling narrative in the intricate relationship between law and environmental protection.