A study by the London School of Economics Grantham Research Institute on Climate Change and the Environment found an increase in legal cases against the fossil fuel industry last year – especially outside the US – and increased activity in other corporate sectors. People have been suing for climate change since the mid-1980s, but it is a strategy that has recently emerged on its own. The number of climate change-related treatments worldwide has more than doubled since 2015, and about a quarter of the 2,002 cases recorded to date have been filed in the last two years alone. Most of these lawsuits challenge state inaction, many inspired by the 2019 landmark decision that ordered the Dutch government to reduce its emissions. But the fossil fuel industry is increasingly being targeted by activists. At least 13 cases have been filed against the biggest polluters in Europe and at least two in Australia against the gas company Santos. Exxon, Eni and Sasol are also involved in challenging government decisions on oil and gas exploration and licensing in Guyana and South Africa. The food and agriculture, transport, plastics and finance sectors are also increasingly targeted, the report notes. Many of these cases are trying to tackle greenwashing, with litigation increasingly linking “between ongoing public debates about the contribution that consumer choices and lifestyles can make to emissions reductions and widespread concern.” that misinformation and industry inaction can prevent such choices from making a real difference “. Climate disputes have not seen any immediate success in the UK yet, with all judicial reviews of government policy so far having failed in court. The latest case, which challenges the government’s zero-sum strategy, was heard in June and a decision is expected in the coming months. But around the world it has proven to be an effective strategy for enhancing climate action. Climate change was identified in the Intergovernmental Panel on Climate Change’s latest report as one of the many important new ways in which climate policy is shaped around the world. In addition to forcing countries such as Germany to redesign their emissions strategies, legal challenges have had a tangible impact on the private sector. South Korean export credit company Kexim, for example, recently announced that it would delay its final decision on whether to finance a gas project off the coast of Australia two weeks after the traditional owners filed a lawsuit challenging it. He cited “environmental and legal risks” as the cause. The authors of the report, Joana Setzer, assistant professor of research at the Grantham Research Institute, and Catherine Higham, policy analyst and coordinator of the Climate Change Laws of the World project, expect a steady increase in commitments that cause controversy based on excessive gas emissions. greenhouse gas or “negative emission” technologies, as well as cases that explicitly link climate and biodiversity. And they predict that other high-emission sectors such as steel and cement, textiles, shipping and aviation will be the next corporate targets. Their research also suggests that companies should prepare for claims that focus on personal liability (such as the duties of company directors for climate risk management) and international lawsuits for loss and damage. However, the report recalls that not all treatments seek to promote action on the climate crisis. Energy companies have made numerous attempts to sue governments for policies that could harm their projects under the Energy Charter Treaty – a treaty that is now being sued by a group of young people. And the U.S. Supreme Court is expected to rule immediately on a case that could have a serious impact on the country’s ability to respond to the climate emergency.
