The report says lawsuits filed against governments and fossil fuel companies have the potential to influence climate policy
A recent U.N. climate report gives key validation to lawsuits that prod fossil fuel companies to pay for climate damages and governments to move more aggressively on climate mitigation.
“If successful,” the report notes, “such cases can lead to an increase in a country’s overall ambition to tackle climate change.” “The IPCC is stating as scientific consensus that the rhetoric and disinformation on climate change is deliberately undermining the science, is contributing to misperceptions of scientific consensus and blocking action on climate change,” she said.
He noted that both reports also give a major boost to attribution science — a burgeoning field of research that examines whether, and how much, climate change contributes to extreme weather events. The report also highlights claims that have been brought against banks, pension funds and investment funds for failing to incorporate climate risk into their decisionmaking, and to disclose climate risk to beneficiaries.
“These impacts include changes in the behavior of the parties, public opinion, financial and reputational consequences for involved actors and impact on further litigation,” the report notes. Loyola University New Orleans law professor Karen Sokol said that the IPCC predicted the boom in litigation, writing in its 2007 report that there would “likely be an increase in litigation as countries and citizens became dissatisfied with the pace of international and national decision making on climate change.”
A recent wave of climate litigation The report provides a primer on both government and corporate litigation, noting that cases against governments can be divided into two categories: claims that challenge the government’s efforts to mitigate or adapt to climate change, and claims that sue governments for allowing fossil fuel use.
A Dutch environmental group focused on renewable energy transitions initially sued the government in 2015. A lower court ruled in its favor, with the high court upholding the decision in Urgenda Foundation v. State of the Netherlands in 2019.
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