climate litigation

76 posts

Scrutinizing the Achievement of Climate Targets, Part I: The Widening Reach of Implementation Litigation

As temperatures continue to rise at alarming rates, it is undeniable that current climate policies are not enough to meet the 1.5°C temperature limit of the Paris Agreement. According to the United Nations Environment Programme, global warming is currently on track to reach 2.8°C above preindustrial levels by 2100. However, […]

New Zealand Legislates Away Climate Tort, Part II: International Climate Obligations and Access to Justice

This is the second of two posts examining New Zealand’s Climate Change Response (Tort Liability) Amendment Act 2026. Part I examined the legislation’s intervention in Smith v Fonterra and situated it within an emerging international backlash against corporate climate litigation. This post asks a different question: what does New Zealand’s […]

New Zealand Legislates Away Climate Tort, Part I: Smith v Fonterra and the Global Backlash Against Climate Litigation

This is the second of three consecutive posts on corporate climate accountability. Yesterday’s post examined the Paris Judicial Court’s June 2026 ruling in Notre Affaire à Tous et al. v. TotalEnergies SE.  On August 18, 2026, New Zealand’s Parliament enacted the Climate Change Response (Tort Liability) Amendment Act 2026 (the Liability […]

Recognizing Scope 3, Reserving the Remedy: The Paris Court’s TotalEnergies Judgment

This is the first of two consecutive posts on corporate climate accountability. Tomorrow’s post examines the New Zealand government’s decision to legislate away corporate climate tort before trial — a case study in what happens when governments answer the accountability question before courts can reach it. On June 25, 2026, […]

Federal Court Enjoins DOI’s Anti-Renewable Actions in Renew Northeast v. DOI

Earlier this week, on April 21, 2026, the U.S. District Court for the District of Massachusetts enjoined five secretarial orders issued by the Department of the Interior (“DOI”) and U.S. Army Corps (“USACE”) that collectively imposed sweeping constraints on wind and solar development across the United States. The Sabin Center’s […]

Supreme Court building

Climate Change, the Courts and US policy – a Critical Perspective From a Former Judge of the UK Supreme Court

Introduction As a British judge with a special interest in environmental law, I have over the last two decades taken a particular interest in the developing role of the courts across the world in response to the challenges of climate change. In this article I shall look back at my […]

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 […]

Uncertain Remedies for Frozen Federal Climate Funding

Update: On March 9th, the D.C. Circuit ordered the parties to file simultaneous supplemental briefs addressing “whether, in light of Section 60002 of the One Big Beautiful Bill Act,” the Appellees’ claim that violations of the IRA and/or the constitution provide a basis for a preliminary injunction “continues to provide a […]