Just like that, we have reached the final episode, folks!

After what felt like a super exhausting period since September, I was finally able to muster the energy and time to write the last chapter of this GYCT series. And this time, the topic felt heavier than most of the earlier subjects we explored. A topic that I did not even know the ABCD of, yet eventually realised has a profound purpose in the net zero journey: climate change litigation.

“Wait, have you not said this before?” Okay, I hear you. Climate finance is another area I am weak in, but at the very least, it is safe to say I am not a complete zero in it.

So, if you could please bear with the beginner in me for this topic, allow me to give you a brief snapshot of what legal proceedings in the climate field look like and how they shape effective climate action.

The Beginner’s Breakdown

First things first. What is climate litigation?

In simple terms, you can look at it as any lawsuit or legal action taken to address climate change or any other issue that harms the environment.

Ponder over it a minute longer, and you will soon realise it is not as simple as it sounds.

Let us imagine a factory operating close to a town that emits so much pollution it creates serious health issues for the residents. It darkens the skies and makes the place look gloomy compared to how lively, cheerful and cozy it once was, and the noise it produces is unbearable. At one point, the residents can no longer tolerate the pollution and decide to file a case against the factory. Although the case is directed at air and noise pollution affecting the community’s health and peace, addressing these issues will lead to cleaner emissions, both in the sense of reduced greenhouse gases and other harmful substances. Reduced noise pollution also means birds and other wildlife may return to the area. Indirectly, the case benefits the environment and reduces climate-related impacts. This is an example of how a broader definition of climate litigation might work.

What if we need a more specific description? Think of cases filed to stop certain climate- or nature-harming projects, companies being sued for greenwashing, or even a group of citizens filing a lawsuit against the government for failure of implementing climate policies. These are legal actions where climate change is the central issue.

We have covered the broader and narrower perspectives of climate litigation, but what about everything that falls in between? According to the definitional parameters proposed by Peel and Osofsky (2020), two more categories exist. The first is where climate change is addressed as a secondary issue. The second is when cases are motivated by climate or environmental concerns, but these are not the central issues raised.

I am not sure if it is good or confusing to have multiple ways to describe the same thing, but in the case of climate change litigation, things can get complicated. A broader perspective can include an unimaginable number of cases, while a narrow one may exclude too many. A middle line between the two might be more effective, perhaps.

This is why a prominent definition follows the approach proposed by the Sabin Center for Climate Change Law at Columbia University, which includes two main criteria:

• The case must be brought before the judiciary.
• The case must include climate change law, policy or science as the primary issue or fact.

While definitions may still vary in different parts of the world, this particular one is popular among academic researchers.

Getting the idea now, are you? Phew. Now do you understand why I find this difficult?

Importance and Examples

Can we liken our current efforts of reversing climate change to trying to put out a raging fire with one bucket of water at a time? As optimistic as we want to be, there is no point in doing that if the fire is continuously fed with more fuel in the form of greenwashing, failure to implement climate policies, and approval of new carbon-emitting projects, is there?

Climate litigation is therefore, becoming a crucial tool in holding the relevant parties responsible and accountable for their actions relating to climate issues. Environmental cases are on the rise, with courts beginning to uphold the rights of people and pushing for implementation of climate action where necessary.

Looking for cases that were concluded in 2024? Here are a few:

• A group of senior women over 65 filed a case at the European Court of Human Rights against the government of Switzerland, arguing that its failure to reduce greenhouse gas emissions increased heatwaves and affected their health due to their vulnerable age. The final verdict supported them, requiring the government to set stronger climate targets.
• A resident in Surrey County in the United Kingdom filed a case for a judicial review of the local council’s approval of a developer’s plan to expand an oil drilling project. The project’s Environmental Impact Assessment did not include the negative consequences of downstream emissions, essentially the Scope 3 emissions. The UK Supreme Court eventually ruled that EIAs for fossil fuel projects must include assessments of Scope 3 emissions.
• Youth civil society organisations in South Africa challenged their government’s plan to add a massive coal-based power project to the national electricity grid, arguing that it failed to consider the impact on the rights of children and future generations. The High Court ruled in favour of the climate activists.

There are many other such cases. If you would like to read more, here is a list for you: Ten Climate Cases Won in 2024

The Future of Climate Lawsuits

On the bright side, the growing recognition among judicial bodies to deliver landmark rulings in favour of climate action gives us new hope, even though the process can be lengthy and potentially expensive. However, a concerning trend has also emerged, where political backlash and pressure are increasing in attempts to hamper climate litigation and shield polluting parties from accountability. These risks slowing down progress and may even punish individuals or communities seeking justice.

Only time will tell how significant climate litigation will become and how it will be able to emerge victorious amidst all the negative pressures. But it is clear that it will play a major role in achieving a sustainable future.

With this, my #GYCT’25 learning series comes to an end. I hope you have enjoyed this journey as much as I did and learnt a little more about the many different aspects of the broad subject we call climate change. We have merely brushed the surface, but each topic would have introduced you to a world of crisis, possibilities and hope with one shared aim — to build a healthier planet for all.

I hope your learning doesn’t stop here and that you will continue exploring as I bring more insights through my blogs and content.

So, cheer up, stay curious and live green. See you soon!