Climate change litigation

Climate change litigation, also known as climate litigation, is an emerging body of environmental law using legal practice to set case law precedent to further climate change mitigation efforts from public institutions, such as governments and companies. In the face of slow politics of climate change delaying climate change mitigation, activists and lawyers have increased efforts to use national and international judiciary systems to advance the effort. Climate litigation typically engages in one of five types of legal claims: Constitutional law (focused on breaches of constitutional rights by the state), administrative law (challenging the merits of administrative decision making), private law (challenging corporations or other organizations for negligence, nuisance, etc., fraud or consumer protection (challenging companies for misrepresenting information about climate impacts), or human rights (claiming that failure to act on climate change fails to protect human rights). Since the early 2000s, the legal frameworks for combating climate change have increasingly been available through legislation, and an increasing body of court cases have developed an international body of law connecting climate action to legal challenges, related to constitutional law, administrative law, private law, consumer protection law or human rights. Many of the successful cases and approaches have focused on advancing the needs of climate justice and the youth climate movement. Since 2015, there has been a trend in the use of human rights arguments in climate lawsuits, in part due to the recognition of the right to a healthy environment in more jurisdictions and at the United Nations. High-profile climate litigation cases brought against states include Leghari v. Pakistan, Juliana v. United States (both 2015), Urgenda v. The Netherlands (2019), and Neubauer v. Germany (2021)., while Milieudefensie v Royal Dutch Shell (2021) is the highest-profile case against a corporation to date.