According to a report by the United Nations Environment Programme (UNEP) and the Sabin Center for Climate Change Law at Columbia University, the number of climate change lawsuits has more than doubled worldwide since 2017, signifying the growing importance of climate litigation in driving climate action and justice. The report, titled "Global Climate Litigation Report: 2023 Status Review," presents a comprehensive overview of climate-related legal cases, highlighting significant breakthroughs in climate policy and justice.
The study reveals that climate litigation is steadily gaining momentum in various countries, with the US being the primary location for such cases, followed by approximately 17% reported in developing nations, including Small Island Developing States. The total number of climate change cases reached 2,180 in 2022, up from 884 in 2017. Key cases covered in the report include the UN Human Rights Committee's unprecedented conclusion that a country violated international human rights law due to climate inaction and policy, specifically holding Australia's government accountable for violating the human rights of Torres Strait Islanders. Other cases involved Brazil's Supreme Court recognizing the Paris Agreement as a human rights treaty and a Dutch court ordering Shell to comply with the Agreement, marking the first instance of a private company being held responsible under the Agreement.
The report highlights how vulnerable groups, including children and youth, are raising their voices in court, with 34 cases being brought by and on behalf of young people, especially girls as young as seven and nine from Pakistan and India, respectively. The ongoing climate litigation falls into several categories, such as cases based on human rights, challenges to non-enforcement of climate-related laws, demands to keep fossil fuels in the ground, calls for greater climate disclosures, corporate liability for climate harms, and addressing failures to adapt to climate change impacts. The paper predicts that the number of cases related to climate migration, brought by Indigenous peoples and communities disproportionately affected by climate change, as well as cases addressing liability following extreme weather events, may rise in the future. However, there may also be challenges in applying climate attribution science, and an increase in "backlash" cases against litigants seeking to repeal climate-action regulations is expected. The report provides a valuable resource for those advocating for climate justice in judicial forums, aiming to achieve the best possible outcomes and understanding the possibilities and limitations of climate litigation.