Governments, corporations, and activists are increasingly using courts to advocate for stronger climate policies and accountability. In 2024, several notable trends have emerged, reshaping the legal landscape.
One significant development is the increasing number of "strategic litigation" cases targeting governments and companies. In 2023, over 230 new climate-related cases were filed globally, reflecting a growing effort to challenge public policies and corporate practices that do not meet climate goals. Strategic litigation aims to compel stronger climate action by holding parties accountable for emissions and ensuring they align with net-zero targets (Grantham Research Institute, 2024).
This year's key focus in corporate litigation is on "climate-washing" cases, where companies are accused of misleading consumers about their environmental commitments. There has been a marked rise in these cases, with more than 140 such filings recorded to date. Interestingly, over 70% of resolved cases have been decided in favour of the plaintiffs, signalling that courts are increasingly scrutinising corporate sustainability claims (LSE, 2024).
Another major trend involves "polluter pays" lawsuits, which aim to hold fossil fuel companies and other high-emission industries liable for climate damages. These cases, numbering more than 30 globally, seek compensation for climate impacts and are setting significant legal precedents. For example, courts are increasingly addressing how emissions from the entire value chain, including Scope 3 emissions, contribute to global warming (Sabin Center, 2024).
International litigation also plays a crucial role. This year saw key rulings from bodies like the European Court of Human Rights, emphasising the link between climate action and human rights. These rulings are expected to spur further lawsuits focused on protecting vulnerable communities from climate harm, including challenges to inadequate government frameworks.
However, not all cases promote stronger climate action. ESG backlash cases and lawsuits challenging the fairness of climate policies are on the rise. These include efforts to block regulations on financial institutions that account for climate risks, as well as cases opposing policies on the grounds of economic impact or procedural fairness.
Looking ahead, climate litigation will likely continue evolving as a key driver of global environmental policy. With courts increasingly acknowledging the urgency of climate action, the next wave of legal battles could reshape corporate governance, national policies, and international frameworks to address climate risks more effectively.
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