Kopar Khairane

Report: In five years, climate litigation has more than doubled

<p>According to a recent estimate, the overall number of climate change court cases has increased globally and has more than quadrupled since 2017.<img decoding=”async” class=”alignnone wp-image-99062″ src=”https://www.theindiaprint.com/wp-content/uploads/2023/07/theindiaprint.com-report-in-five-years-climate-litigation-has-more-than-doubled-download-15.jpg” alt=”” width=”1068″ height=”711″ srcset=”https://www.theindiaprint.com/wp-content/uploads/2023/07/theindiaprint.com-report-in-five-years-climate-litigation-has-more-than-doubled-download-15.jpg 275w, https://www.theindiaprint.com/wp-content/uploads/2023/07/theindiaprint.com-report-in-five-years-climate-litigation-has-more-than-doubled-download-15-150×100.jpg 150w” sizes=”(max-width: 1068px) 100vw, 1068px” /></p>
<p>According to the UN Environment Programme (UNEP) and the Sabin Center for Climate Change Law at Columbia University’s research, Global Climate Litigation research: 2023 Status Review, climate litigation is becoming a crucial component of obtaining climate action and justice.</p>
<p>It is based on an analysis of court cases involving climate change legislation, policy, or research that the Sabin Center’s US and Global Climate Change Litigation Databases have gathered up to December 31, 2022.</p>
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<p>It was released the day before the UN General Assembly’s proclamation that everyone has the right to a clean and healthy environment on its first anniversary.</p>
<p>Inger Andersen, Executive Director of UNEP, said that “climate policies are far behind what is needed to keep global temperatures below the 1.5 degrees Celsius threshold, with extreme weather events and searing heat already baking our planet.”</p>
<p>In order to hold governments and the commercial sector responsible for their actions and to secure climate action and advance climate justice, more and more people are resorting to the courts.</p>
<p>The report gives a summary of significant climate lawsuit cases over the previous two years, including ground-breaking developments.</p>
<p>The corpus of legal precedent expands as the frequency and volume of climate litigation rises, creating a more clearly defined area of law.</p>
<p>Since a first study on the subject, the overall number of climate change cases has more than doubled, from 884 in 2017 to 2,180 in 2022.</p>
<p>Despite the fact that the majority of claims have been filed in the US, climate litigation is spreading around the globe, with roughly 17% of cases currently being recorded in poor nations, including Small Island poor States.</p>
<p>65 courts, tribunals, quasi-judicial organizations, and other adjudicative bodies, including the UN’s special processes and arbitration tribunals, received these legal proceedings from all around the globe.</p>
<p>“The gap between the amount of greenhouse gas reductions that the world must accomplish in order to fulfill its temperature objectives and the actual steps that countries are taking to reduce emissions is alarmingly widening. Inevitably, more individuals will turn to the courts as a result of this. According to Michael Gerrard, faculty director at the Sabin Center, “the report will be an invaluable resource for everyone who wants to achieve the best outcome possible in judicial forums and to understand what is and is not possible there.”</p>
<p>The following examples show how vulnerable groups’ voices are being heard on a global scale: In Pakistan and India alone, 34 cases have been filed by and on behalf of children and young people under the age of 25, including girls as young as seven and nine years old. In Switzerland, plaintiffs are arguing that senior women are disproportionately affected by climate change.</p>
<p>Famous instances have questioned government actions because they conflicted with a nation’s net-zero pledges or the aims of the Paris Agreement for a project.</p>
<p>Action against businesses has increased in recent years as a result of increased public awareness of climate change; some of these actions include legal actions to make fossil fuel firms and other greenhouse gas emitters accountable for climate damage.</p>
<p>The majority of current climate litigation, according to the research, falls into one or more of six categories: First, cases relying on the protections of human rights provided by international law and national constitutions; second, challenges to domestic non-enforcement of climate-related laws and policies; third, litigants seeking to keep fossil fuels in the ground; fourth, advocates for greater climate disclosures and an end to greenwashing; fifth, claims addressing corporate liability and responsibility for climate harms; and sixth, claims addressing failures to adapt to the effects of climate change.</p>
<p>The paper reveals how courts are concluding that climate change and human rights are strongly related. As a result, the most vulnerable members of society are better protected, and there is also more responsibility, transparency, and justice. This forces governments and businesses to set more ambitious targets for climate change prevention and adaptation.</p>
<p>According to the research, cases involving climate migration, claims filed by Indigenous peoples, local communities, and other groups who are disproportionately impacted by climate change, and cases addressing culpability in the wake of catastrophic weather events will all increase in frequency in the future.</p>
<p>The paper also predicts difficulties in putting the science of climate attribution into practice as well as an increase in “backlash” lawsuits brought by plaintiffs who want to undo laws that support climate action.</p>

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