Climate litigation playing increasing role in activism

Taking fossil fuel companies, governments, and other organisations to court for environmental negligence is become more commonplace. 

A new report published by the Climate Social Science Network (CSSN), suggests climate-related legal action is now a vital tool in increasing public awareness, encouraging debate, and pushing for greener policies. 

The first legal battle of this kind took place in 1984, and by 2014 a further 800 had been brought to trial. In comparison, over 1,000 have been heard in the past six years alone. The new analysis suggests this rise is a sign climate change is becoming more visible, catalysing direct action, but also reflects a change in attitude among activists, scientists, media professionals, and lawyers. 

CSSN’s research cites the practice of ‘climate-washing’ as a major reason for legal action – whereby a gap exists between an organisation’s public relations and marketing output and its actual climate commitments. This idea goes beyond greenwashing, and includes claims related to human and civil rights. 

These strategic lawsuits are becoming much more commonplace, as are those targeting ‘financial actors’. For example, ClientEarth’s action against the Belgian National Bank for failing on both climate and human rights by ‘purchasing bonds from fossil fuel and other greenhouse gas intensive companies’. 

However, the report also highlights the prevalence of climate washing campaigns. A 2009 study by the environmental marketing firm TerraChoice analysed thousands of products that made claims about environmental responsibility or friendliness. Those conducting the research found 95% were guilty of at least one instance of ‘washing’. 

CSSN’s work makes a number of recommendations. For private businesses, these include ‘making every attempt to not over-claim climate actions the company is taking’, and ‘review advertisements with marketing, scientific, and legal teams to take into consideration net-zero commitments or other climate pledges’. 

Meanwhile, policymakers are advised to: ‘Review the legal mechanisms available in your jurisdiction, including soft and hard law mechanisms, to enhance transparency and compliance of companies to existing climate commitments, whether they are voluntarily adopted or mandated by regulation.’

In related news, a new UN report from the Intergovernmental Panel on Climate Change will be published on 28th February, and is expected to present the starkest warning yet about the impact humans are having on the environment. 

Image credit: Sasun Bughdaryan