Climate Litigation

327 posts

Climate Change? L’Addition, s’il vous plaît! Why Damage Calculation Matters in Climate Change Litigation

The number of climate change lawsuits brought before domestic, regional, and international courts is growing at an unprecedented pace, with courts increasingly being asked to hold governments and corporations accountable for the harms associated with our warming planet. Most of the focus in the scholarship so far has been on whether such […]

New Article Shows Climate-Alliance Emissions Reductions Are Not Antitrust Output Restrictions

Corporate coordination to mitigate climate change raises complex questions for competition policy. From a structural antitrust perspective, climate alliances comprised of large asset managers can raise the specter of unaccountable “private governance,” if effectively imposing clean-energy restraints across an entire sector. But from an econometric perspective, which seeks to optimize […]

Can Europe’s Largest Emitters Be Sanctioned for Climate Harm?

One of the most fundamental questions in climate justice is also one of the most difficult to answer: how can the climate impacts of carbon dioxide emissions generated in one country be made legally sanctionable in another? Those most affected by climate change often lack access to effective remedies, while […]

Supreme Court building

Supreme Court Agrees to Hear Fossil Fuel Companies’ Appeal in Boulder Climate Case but Asks for Briefing on Threshold Jurisdiction Questions

Yesterday the U.S. Supreme Court granted three fossil fuel companies’ petition for a writ of certiorari seeking review of the Colorado Supreme Court’s opinion allowing the County Commissioners of Boulder County and the City of Boulder (together, Boulder) to proceed with their state-law claims that the companies are liable for […]

Data Center Litigation – An Emerging Frontier for Climate Litigation?

The explosive growth of artificial intelligence (AI), cloud computing, and digital services has brought renewed attention to the physical infrastructure underpinning the digital economy: data centers. While critical to the operations of major tech companies, data centers are now among the most energy-intensive forms of industrial infrastructure. Although it is […]

The ECtHR’s Climate Jurisprudence in 2025: Grappling with Fossil Fuels, Rejecting Extraterritorial Jurisdiction, and Still no Victim Status

A Year of Climate Rulings Handing down no less than five climate rulings in 2025, the European Court of Human Rights (“the ECtHR”) has been busy deciding the backlog of cases it had adjourned in 2023, while it dealt with three other climate cases pending before the Grand Chamber at […]

Sabin Center Submits Amicus Brief to the African Court on Human and Peoples’ Rights

  On Monday, February 9, 2026, the Sabin Center submitted an amicus curiae brief to the African Court on Human and Peoples’ Rights (African Court) in the matter of the Request for an Advisory Opinion on the Obligations of States with Respect to the Climate Change Crisis. The brief explains […]

Amazon Protects: Phase 4 of the Public Prosecutors Project to Fight Deforestation in Brazil

The Amazon Rainforest is the largest tropical forest on the planet, covering an area of approximately 6.3 million square kilometers and extending across Brazil, Peru, Colombia, Ecuador, Venezuela, Bolivia, and the Guianas. Half of the planet’s biodiversity is contained within it. Its vegetation is indispensable for maintaining the global rainfall […]