File:Climate Change Litigation Databases Climate Law.png: Difference between revisions

Columbia University, Law School / Climate Lawsuit Tracking

• http://climatecasechart.com/

• http://climatecasechart.com/climate-change-litigation/about/

Visit | Climate Law Blog / Columbia Law School

• http://blogs.law.columbia.edu/climatechange/

• http://columbiaclimatelaw.com/

• (TW) https://twitter.com/ColumbiaClimate

The U.S. Climate Change Litigation database is a joint project of the Sabin Center for Climate Change Law at Columbia Law School and Arnold & Porter. Michael B. Gerrard, then a partner at Arnold & Porter and now Faculty Director of the Sabin Center, and J. Cullen Howe, an environmental law specialist at Arnold & Porter, first created the U.S. Climate Litigation Chart in 2007. In 2017, it was relaunched as an interactive and searchable database. The U.S. chart is updated on a monthly basis, and currently includes 1404 cases* with links to 8925 case documents.

U.S. Climate Change Litigation database

• http://climatecasechart.com/us-climate-change-litigation/

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The Global Climate Change Litigation database was created in 2011 and is updated regularly. It currently (2021) includes 560 cases, with links to 1066 case documents. At present (2021), the Global database features cases from over 40 countries. The database also includes climate litigation cases brought before international or regional courts or tribunals.

The Global Climate Change Litigation database is a collaboration between Columbia Law (U.S.), the Grantham Institute U.K.) and other organizations and institutions

• http://climatecasechart.com/non-us-climate-change-litigation/

• https://climate-laws.org/

Examples of Case Categories

SUITS AGAINST GOVERNMENTS

Access to Information

Environmental Assessment and Permitting

Failure to Adapt

GHG Emissions Reduction and Trading

Human Rights

Just Transition

Protecting Biodiversity and Ecosystems

Public Assembly

Public Trust

Trade and Investment

Browse Litigation by Country - Jurisdiction

• http://blogs2.law.columbia.edu/climate-change-litigation/non-us-jurisdiction/

Argentina

Australia

Austria

Belgium

Brazil

Canada

Chile

Colombia

Czech Republic

Denmark

Ecuador

Estonia

France

Germany

Guyana

India

Indonesia

Ireland

Italy

Japan

Kenya

Luxembourg

Mexico

Nepal

Netherlands

New Zealand

Nigeria

Norway

Pakistan

Papua New Guinea

Peru

Philippines

Poland

Slovenia

South Africa

South Korea

Spain

Sweden

Switzerland

Taiwan

Uganda

Ukraine

United Kingdom

Additional Government Organizations-Related Climate Change Litigation

East African Court of Justice

European Committee on Social Rights

European Court of Human Rights

European Union

Inter-American System of Human Rights

International Centre for Settlement of Investment Disputes

International Courts & Tribunals

Permanent Court of Arbitration

Stockholm Chamber of Commerce

United Nations

World Trade Organization

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Climate Change Laws of the World

Visit | Grantham Research Institute on Climate Change and the Environment

• https://climate-laws.org/ -- https://www.lse.ac.uk/granthaminstitute/news-and-commentary/

Key messages about climate change litigation (as of 2022)

• https://www.lse.ac.uk/granthaminstitute/news/a-first-global-mapping-of-rights-based-climate-litigation-reveals-a-need-to-explore-just-transition-cases-in-more-depth/

• https://www.lse.ac.uk/granthaminstitute/publication/global-trends-in-climate-litigation-2021-snapshot/

• Climate change litigation continues to grow in importance as a way of either advancing or delaying effective action on climate change.

• Globally, the cumulative number of climate change-related cases has more than doubled since 2015. Just over 800 cases were filed between 1986 and 2014, while over 1,000 cases have been brought in the last six years.

• The number of ‘strategic’ cases is dramatically on the rise. These are cases that aim to bring about some broader societal shift.

• Not all strategic litigation is aligned with climate goals. However, not all strategic cases that are not aligned with climate goals are motivated by an intention to prevent climate action.

• Litigation that is aligned with climate goals is on balance seeing success and there has been a run of important wins in the last 12 months, such as the Milieudefensie v. Shell case.

• The number of cases challenging government inaction or lack of ambition in climate goals and commitments continues to grow, with 37 ‘systemic mitigation’ cases identified around the world.

• Cases are targeting a wider variety of private sector and financial actors and there is more diversity in the arguments being used, for example incorporating themes of greenwashing and fiduciary duty. Businesses need to be aware of litigation risk.

• Three areas to watch in the future are value chain litigation, cases of government support to the fossil fuel industry (e.g. through subsidies or tax relief), and cases focused on the distribution of the burdens associated with action, which may be classed as ‘just transition’ cases.

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