Climate Litigation

199 posts

Cities, counties, and states score major procedural win in climate liability suits against fossil fuel companies

Over the last five years, cities, counties, and states across the country have sued fossil fuel companies alleging that the companies violated state law in marketing their products as safe. Collectively, these cases are known as climate liability cases or climate deception cases. On April 24, the U.S. Supreme Court […]

Climate Change and the Law: Sabin Center launches report on legal issues to be analyzed by International Court of Justice

The International Court of Justice (ICJ) is inviting all U.N. Member States to submit their views on the legal issues relevant to climate duties and obligations. To help States make these submissions, Columbia Law School’s Sabin Center for Climate Change Law has just released its Status Report on Principles of […]

Navigating the Intersection of Climate Change and the Law of the Sea: Exploring the ITLOS Advisory Opinion’s Substantive Content

The advisory opinion request to the International Tribunal for the Law of the Sea (ITLOS) on State Parties’ obligations under the United Nations Convention on the Law of the Sea (UNCLOS, Convention) to prevent, reduce, and control pollution of the marine environment from climate change, and to protect and preserve […]

The Advisory Jurisdiction of the ITLOS in the Request Submitted by the Commission of Small Island States

On December 12, 2022, the Commission of Small Island States on Climate Change and International Law (COSIS) requested the International Tribunal for the Law of the Sea (ITLOS) issue an advisory opinion on the State Parties’ obligations under the United Nations Convention on the Law of the Sea (UNCLOS) to […]

The ICJ’s Advisory Opinion on Climate Change: What Happens Now?

  Climate change litigation has finally reached the world’s highest court. On March 29, 2023, the United Nations General Assembly (UNGA) adopted a resolution requesting an advisory opinion from the International Court of Justice (ICJ) on the obligations of States with respect to climate change. The UNGA adopted resolution (A/77/L.58) […]

Climate Docket and the Future in the Case Law of the European Court of Human Rights

Adjudication typically looks backward: it runs after the facts. This is also true for human rights adjudication and the activity of the European Court of Human Rights (ECtHR). The ECtHR was built on the idea that individuals who suffered (past tense) or suffer (present tense) violations of the rights and […]

French NGOs Target Bank’s Activities Contributing to Climate Change

In October 2022, French environmental NGOs Notre Affaire à Tous, Les Amis de la Terre, and Oxfam France sent a notice of intent to sue BNP Paribas. Considering the answer by BNP Paribas, sent on January 24, 2023, as largely insufficient and unsatisfactory, the NGOs brought a suit before the […]

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 […]