On April 9, 2024, the European Court of Human Rights issued rulings on three climate cases. While it threw out two cases, (Carême and Duarte), in the third case, KlimaSeniorinnen, the Court issued a landmark decision finding that Article 8 of the European Convention of Human Rights encompasses a right to effective protection by the state “from the serious adverse effects of climate change on lives, health, well-being and quality of life”.
On August 14, 2023, Judge Kathy Seeley issued a groundbreaking decision in Held v. Montana finding that a provision in the Montana Environmental Policy Act violates the Montana state constitution by preventing Montana from considering the climate impacts of energy projects. Though the State will likely appeal, the decision could open the floodgates for climate litigation cases nationwide and influence how other judges approach climate cases.
The number of climate litigation cases has burgeoned in the past few years in international, regional, and national tribunals, including state courts in the United States. Plaintiffs include municipalities, young people, and the elderly and the claims brought reflect a broad and creative array of litigation strategies from rights-based claims against governments that rely on established human rights principles, to consumer deception claims against the fossil fuel industry that rely on state legislation and common law. Lawsuits have been filed against governments and fossil fuel companies, and in 2023, thanks to efforts led by small island states, the International Court of Justice and the International Tribunal on the Law of the Sea agreed to issue advisory opinions on states' obligations concerning climate change. The Sabin Center on Climate Change Law maintains a database, climate case chart updates, which it updates monthly with new climate cases. Below, you'll find a small sample of some of the more prominent climate cases that have been filed.
