Quote from Alex bobby on June 26, 2025, 4:12 AM

‘A Two-Way Street’: Global Courts Becoming Central Arena in Climate Change Battles

Climate change is no longer just a scientific, political, or social issue — it’s now increasingly a legal battleground, as citizens, activists, and even corporations turn to the highest courts in the world to shape climate action. A landmark report by the Grantham Research Institute on Climate Change and the Environment at the London School of Economics (LSE) has revealed the accelerating pace — and complexity — of climate-related litigation reaching supreme and constitutional courts globally.

Between 2015 and 2024, at least 276 climate cases reached apex courts worldwide. That figure grows to over 360 when extending the timeline to include all cases between 1995 and the end of 2024. Since the institute began tracking lawsuits in 1986, nearly 3,000 climate-related cases have been filed — a growing number of which are now shaping or challenging national and international climate policy.

From Niche Concern to Financial Risk

“Governments and companies are increasingly having to consider the legal ramifications of pushing ahead with oil or gas projects, as they risk being dragged through the courts,” says Catherine Higham, senior policy fellow at the Grantham Institute.

Far from being a fringe tool, climate litigation is now recognised as a serious legal and financial risk for governments and businesses alike. High-profile court decisions are forcing policymakers to account for the environmental consequences of fossil fuel development — particularly Scope 3 emissions, or downstream emissions produced by the end use of oil, gas, and coal.

Europe’s Courts Under Pressure

In 2024, fossil fuel exploration in Europe faced growing legal scrutiny. In the UK and Norway — two of Europe’s largest oil and gas producers — apex courts handed down pivotal rulings. Norway's courts, for example, suspended approvals for three North Sea oil fields, citing the need to consider full lifecycle emissions. These decisions reflect a broader shift towards demanding environmental accountability at all levels of development.

Although Europe and North America are the regions with the highest number of apex court cases, they also exhibit lower success rates compared to other regions. Germany is a striking example: after a major win in Neubauer et al. v. Germany — which successfully argued that national climate goals were insufficient to protect future generations’ rights — subsequent lawsuits filed against individual German states were dismissed for not meeting constitutional thresholds.

What Makes a Case Successful?

The report identifies that of the 276 cases in apex courts since 2015, over 80% have challenged governments — focusing on gaps in national or subnational climate policy, regulatory failures, or lack of action.

Interestingly, lawsuits that challenge specific project approvals and demand the integration of climate risks (such as Scope 3 emissions) tend to fare better than broad constitutional claims. These targeted cases have a 44% success rate, while constitutional "framework" challenges face higher legal hurdles.

Meanwhile, cases against corporations — especially for misleading environmental claims or “climate washing” — have also gained momentum. In 2024 alone, about 20% of all new climate cases targeted businesses, often questioning the use of carbon credits and the veracity of corporate climate pledges.

Legal Precedents with Global Reach

Some cases have set powerful precedents even when unsuccessful. In May 2025, the Higher Regional Court of Hamm in Germany dismissed a lawsuit by Peruvian farmer Saul Luciano Lliuya against energy giant RWE. However, the ruling affirmed that companies can be held legally responsible for contributing to climate change — a principle that could influence future litigation worldwide.

Other landmark decisions include the European Court of Human Rights’ 2024 ruling in KlimaSeniorinnen v. Switzerland, which recognised the state’s climate obligations under human rights law and confirmed that NGOs have standing in such cases. This judgment is already echoing through national courts, encouraging rights-based legal approaches to environmental protection.

In the maritime domain, the International Tribunal on the Law of the Sea issued a historic advisory opinion in May 2024, stating that countries have binding obligations to control greenhouse gas emissions from marine sources — further expanding the legal dimensions of climate responsibility.

Litigation Cuts Both Ways

While climate litigation continues to mature and expand, legal challenges against climate action are also on the rise. According to Joana Setzer, associate professorial research fellow at LSE, litigation is increasingly a “two-way street”. Activists are not the only ones using the courts to influence climate policy — opponents of climate regulations are also taking legal action to delay or dismantle progress.

In the United States, where climate lawsuits number over 1,899 to date — the highest globally — this trend is especially pronounced. Since President Trump returned to office in 2025, a new wave of federal cases has emerged seeking to undo state-led climate policies and challenge executive regulations aimed at cutting emissions.

These legal countermeasures complicate the path forward. “We have also recorded a rise in cases pushing back against climate action, which presents new challenges for politicians, businesses, and climate activists,” Setzer warns.

Conclusion: Courts as Climate Catalysts

As climate concerns intensify, courts are emerging as critical arenas in the fight for — and against — environmental progress. While success is not guaranteed, the legal system is increasingly being used to define the responsibilities of governments and corporations in addressing the climate crisis.

With powerful precedents being set, especially in apex courts, and with both sides of the climate debate engaging in legal battles, the future of climate policy is now being shaped not only in parliaments and boardrooms — but in courtrooms around the globe.

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A major report reveals global apex courts are increasingly central to climate action, with landmark rulings shaping policy, corporate responsibility, and legal risks in the fight for — and against — climate progress.