Growing wave of legal challenges to climate action - study

As the world races to reduce greenhouse gas emissions and adapt to the impacts of climate change, the transition to low-carbon societies has been met with a surge in legal challenges associated with climate policies and projects.

A study by co-authored by Professor Chris Hilson, of the University of Reading, and published in Nature Sustainability, highlights the emerging phenomenon of ‘just transition litigation' — which the study’s authors describe as legal disputes challenging the fairness and justice of climate policies and projects, such as wind farms, biomass plants and dams.

The article, published today (Tue 8 Oct 2024) argues that while the low-carbon transition is essential, it can disproportionately impact vulnerable groups, including Indigenous Peoples and workers. For example, the Sámi Indigenous People in Norway successfully challenged the construction of wind farms on their traditional herding pastures, illustrating the potential of just transition litigation to protect the rights of marginalised communities. 

The phenomenon of just transition litigation is little understood and underexplored. While in recent years much attention has been given to strategic litigation aimed at advancing decarbonisation (such as cases against companies or governments failing to reduce emissions), this study shifts the focus to lawsuits that challenge the fairness of climate policies and projects. Central to these legal disputes are issues such as the fair distribution of benefits and burdens from climate policies, the inclusiveness of decision-making processes, and the respect for the rights, identities, and cultures of marginalized communities. 

The paper, led by Professor Annalisa Savaresi, Centre for Climate Change, Energy and Environmental Law, University of Eastern Finland, introduces a new framework for understanding the justice claims of those affected by climate action. This framework can serve as a tool for mapping risks and preventing this type of conflict. Currently, a significant knowledge gap exists due to a lack of systematic data collection on these legal disputes. The authors call for expanded efforts in tracking these cases and analyse their impacts on law, governance, and society. 

Professor Chris Hilson, Director of The Reading Centre for Climate and Justice, said: “We're seeing more lawsuits about fairness in climate action. While we know a lot about cases pushing for climate action, we need to better understand cases where people feel hurt by green policies. It's crucial we track these cases closely. This research will help us make climate policies that work for everyone, not just a few. If we get this right, we can avoid delays in tackling climate change and ensure no one gets left behind in the process.”

Savaresi, A., Setzer, J., Bookman, S., Bouwer, K., Chan, T., Keuschnigg, I., Armeni, C., Harrington, A., Heri, C., Higham, I., Hilson, C., Luporini, R., Macchi, C., Nordlander, L., Obani, P., Peterson, L., Schapper, A., Ghaleigh, N. S., & Tigre, M. A. (2024). Conceptualizing just transition litigation. Nature Sustainability, 1-6. https://doi.org/10.1038/s41893-024-01439-y