Can the courtroom solve the climate crisis?
In the face of escalating climate change threats, a new solution against global warming has emerged - the courtroom. Increasingly, communities, governments, and even young activists are turning to the legal system to hold fossil fuel companies accountable for their contributions to the climate crisis.
And when you look at the death tolls in Maui, it’s no surprise that people are looking to hold wrong-doers accountable.
At least 114 people have died in the wildfires, and with an additional 850 still missing after nearly two weeks of active searching, this number is expected to rise a lot. Not to mention that the damage to 3,000 buildings, to the natural landscapes, and survivors is estimated to equate to around $6bn dollars annually already.
So in many ways, it’s no wonder that these lawsuits, scattered across the globe, seek not only to seek reparations for damages but also to change the narrative around climate change denial and force the fossil fuel industry to take responsibility for their role in exacerbating the crisis.
But the implications of these lawsuits and their success belies a shift in the tangible wrong-doing of big players contributing to global warming.
The Maui Lawsuit: A Glimpse into a Changing Landscape
This is not the first time that Maui has raised concerns against big oil and its government for the risks they expose their local communities to, either.
In fact, there were alarm bells ringing for the climate risks caused by fossil fuel industry impacting the region as early as 3 years ago in 2020 that held big oil and other climate-negative practices “directly responsible for a substantial portion of the climate crisis related impacts in and to the County”.
It claimed that these companies were well aware of the dangers posed by their fossil fuel products and their contribution to climate change, yet engaged in a campaign of disinformation and denial.
While the initial lawsuit was fraught with procedural issues and scepticism, the devastating wildfires that struck Maui this year provided tangible evidence of the climate crisis actually causing fire and posing a existential threat to the county, lending renewed weight to the county's claim in their lawsuit from 2020.
This shift from scientific data to concrete impacts is significant, highlighting the potential power of these lawsuits to reshape public perception, as they “are clear and concrete evidence of something that otherwise might seem and feel abstract”, as Naomi Oreskes, Harvard Professor pointed out.
Youths vs. Montana: A Landmark Ruling
And this renewed energy for climate lawsuits has already been marked by a landmark success that also took place in the states, albeit in Montana.
A historic ruling emerged from a courtroom in the state, where a group of young plaintiffs won a landmark lawsuit asserting that the state's failure to consider climate change impacts when approving fossil fuel projects was unconstitutional.
Twenty-two-year-old Rikki Held, the lead plaintiff in the case, said the ruling confirms what scientists have been saying for decades.
"For us to have this come to trial and have this science-based evidence in the court record and having decision-makers listen to us is just really amazing," she said.
This ruling marked a significant victory for climate activists, establishing a precedent that young people have a fundamental right to a stable climate system. The case hinged on the argument that the state's disregard for long-term climate impacts violated citizens' right to a clean and healthful environment, thereby asserting the legal system's role in curbing climate change.
And while these two lawsuits alone have made the headlines in the last few weeks, there are far more ongoing climate lawsuits happening globally, many of which have been put in place this year.
In total, globally there have been 2,365 climate change lawsuits and nearly 200 (10%) of them were filed in the past year. They’ve “covered a wide range of ground from government carbon reduction targets and strategies to corporate inaction and misinformation and claims for climate-related damages.”
Recent ones outside of the United States are the Aurora case in Sweden, which purports that “young people under 26 living in Sweden are at risk of having their human rights violated by the negative effects of climate change”, and is suing the Swedish government as a result.
And you can find a holistic list of the global cases currently being leveraged against governments and international bodies right here!
Implications for the global climate fight
These lawsuits are transforming the climate crisis from a scientific debate into a legal battleground. By attributing specific disasters and extreme weather events to global warming, scientists are providing courts with factual bases for attributing blame.
As judges become increasingly educated on climate science, the gap between abstract claims and concrete consequences narrows, empowering legal arguments for accountability.
Moreover, the victories in the courtroom signal a growing shift in public opinion and a potential erosion of the tactics long used by fossil fuel industries to sow doubt about climate science.
Challenges on the Horizon
Despite these victories, challenges persist. Fossil fuel companies attempt to move climate-related cases to federal courts, where they believe outcomes may be more favourable. They argue that these cases overstep the court's jurisdiction by demanding stricter regulation of emissions.
This underscores the need for a comprehensive legal framework that clarifies the responsibilities of both industries and governments in addressing the climate crisis.
While these cases are novel and ground-breaking, they are just the beginning of a broader movement to reshape global climate policy through legal means.
What we can do as a community
The emergence of climate-related lawsuits globally is a testament to the growing recognition of the role the legal system can play in combating the climate crisis. From Maui to Montana, these cases are reshaping public discourse, bringing the climate crisis from scientific models into the courtroom. Victories in these lawsuits not only hold industries accountable for their contributions to global warming but also shift the narrative around climate change denial. And if you follow the link below, you can find out more about the ongoing litigation going on in your local community and create a climate love to showcase your support for the cases’ success! Together, we can help push for the fight against climate change in our courtrooms!
Climate Change Litigation Databases - Sabin Center for Climate Change Law
Sabin Center for Climate Change Law provides two comprehensive databases of climate change caselaw - US Climate Change Litigation and Global Climate Change Litigation.
https://climatecasechart.com/
