Lawsuits Against Climate Change: Do Legal Actions Have the Power to Combat Global Warming? (Regarding Saul)
In a significant development, the International Ocean Court, in May 2024, ruled that greenhouse gas emissions absorbed by the ocean are a form of marine pollution, subject to international controls. This decision, though not legally binding, holds legal weight and moral authority, marking a milestone in the growing movement of climate change litigation.
Climate change litigation involves individuals or groups taking governments or companies to court to spur climate action. This trend is increasingly prevalent, with the number of cases rising around the world, from the United States to Britain, Brazil, Germany, and Africa.
In Africa, there have been 10 cases in South Africa, three in Nigeria, and two in Kenya in the past 15 years. Most of these cases are brought by NGOs and revolve around environmental impact assessments. In recent years, lawsuits against governments and coal companies in Africa have been filed primarily by communities and advocacy groups concerned with environmental and climate justice. These lawsuits typically address issues such as environmental damage, violation of human rights, and failure to mitigate climate change impacts.
The European Court of Human Rights upheld the complaint of more than 2,000 Swiss women aged over 64 in April 2024. The women accused their government of violating their human rights by failing to do enough to combat climate change, setting a legal precedent.
In the United States, the first youth-led climate case to reach trial took place in Montana. 16 plaintiffs filed a lawsuit against the state over policies prohibiting state agencies from considering climate impacts when approving fossil fuel projects. The judge ruled in the plaintiffs' favour in 2023, and the decision was upheld by Montana's top court in December 2024.
The story was published with permission from Thomson Reuters Foundation, a charitable organization that covers humanitarian news, climate change, and more. The rising tide of climate litigation could influence future climate litigation and government policy to uphold climate commitments, as the world grapples with the challenges of climate change, global warming, and the SDGs related to climate, inequality, healthcare, and city life.
As the International Court of Justice is expected to issue an advisory opinion on UN member states' obligations to combat climate change in 2025, the stage is set for further developments in this global push for climate action.
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