Climate Litigation

264 posts

After Judgment: Australian regulator compelled to act on climate following successful intervention

After the initial buzz that follows a winning climate change case, it can be difficult to measure its real-life impact. Many have questioned whether public interest litigation in general, and climate cases in particular, can effect meaningful and lasting change. The answer is probably “it depends.”  If launched at the […]

A Request for an Advisory Opinion at the Inter-American Court of Human Rights: Initial Reactions

On January 9, 2023, the Foreign Ministers of Chile and Colombia requested an advisory opinion from the Inter-American Court of Human Rights (IACtHR) on the scope of state obligations for responding to the climate emergency under the frame of international human rights law and, specifically, under the American Convention on […]

The Fiduciary Duty of Directors to Manage Climate Risk: An expansion of corporate liability through litigation?

On  February 9, 2023, ClientEarth filed a derivative action against the Board of Directors of Shell at the High Court of Justice in England and Wales (ClientEarth v. Shell’s Board of Directors). The lawsuit alleges that the Board has failed to manage material and foreseeable climate risks, therefore breaching UK […]

A review of the first year of the Peer Review Network on Global Climate Litigation 

By Maria Antonia Tigre & Juan Sebastian Castellanos   In December 2021, the Sabin Center launched the Peer Review Network of Global Climate Litigation (Network), through which practitioners and scholars from the around the world act as “rapporteurs” for their jurisdictions, helping to update and maintain the Global Climate Change […]

Just Transition Litigation in Latin America: Sabin Center launches new report

Just transition litigation is a novel and under-researched field. Today, the Sabin Center’s launches a new report that analyzes 20 just transition cases from Latin America, filling an important gap in existing research by increasing the visibility of affirmative actions for just transition from the Global South and improving our […]

A look back at significant decisions in climate litigation in 2022

By Maria Antonia Tigre As noted at the end of last year, 2021 was significant for climate litigation, with several decisions worldwide providing a fresh look at stakeholder responsibility for climate change. 2022 was no different, with courts further delineating the procedural dimensions of climate cases and expanding on the […]

Sabin Center files third-party intervention in the Klimaseniorinnen case at the European Court of Human Rights

On Monday, December 5, the Sabin Center filed written observations as a third-party intervener at the European Court of Human Rights (ECtHR) in Verein KlimaSeniorinnen and others v Switzerland. The case was brought in November 2020 by a group of senior women who allege that their health is threatened by […]

New Article Examines How Plaintiffs Can Establish Causation in Fossil Fuel Disinformation Lawsuits

  Over the past five years, there has been significant growth in litigation aimed at holding fossil fuel companies accountable for their contributions to climate change. In the U.S., dozens of state and municipal governments have filed tort and consumer protection lawsuits seeking equitable relief as well as financial compensation […]