Global Trends in Climate Change Litigation: A 2024 Outlook

The report provides a quantitative analysis of how many climate change lawsuits were filed in 2023, where and by who filed them, and a qualitative assessment of trends and themes in the types of lawsuits filed. This is the sixth report in a series produced by the Grantham Institute in partnership with the Sabin Center for Climate Change Law, utilizing the Sabin Center’s Climate Change Litigation Database.Each report provides a comprehensive look at the latest research and developments in the field of climate change litigation.

Key Messages

• At least 230 new climate lawsuits were filed in 2023, many of which seek to hold governments and corporations accountable for climate action. However, the number of lawsuits last year did not grow as sharply as in previous years, which may suggest a strategic consolidation and focus of litigation activity in areas expected to have the greatest impact.
• Climate-related litigation continues to spread to new countries, with the first cases expected to be filed in Panama and Portugal in 2023.
• 2023 will be a significant year for international climate change litigation, with major international courts and tribunals being asked to rule or advise on climate change. While only 5% of climate change cases reach international courts, many of these cases could have significant implications for domestic litigation.
• In 2023, they achieved great success in the “Government Framework” case, which challenged the ambition and implementation of the government’s overall climate policy response. A European Court of Human Rights ruling in April 2024: KlimaSeniorinnen and Others v. Switzerland This is likely to lead to further litigation.
• Strategic climate lawsuits continue to be filed against corporations, with approximately 230 lawsuits identified from 2015 to present. Key trends in corporate climate litigation include:
  • In recent years, there has been an increase in the number of litigation cases involving “climate cleansing.” 47 lawsuits were filed in 2023, bringing the total recorded to over 140. These lawsuits have been highly successful, with over 70% of completed cases resulting in a verdict in favor of the plaintiff.
  • There has been important development in “polluter pays” litigation: there are now more than 30 lawsuits worldwide seeking to hold companies liable for climate-related damages allegedly caused by their contributions to greenhouse gas emissions.
  • Litigants continue to bring new “corporate framework” cases that would require companies to align group-level policies and governance processes with climate targets. The New Zealand Supreme Court has allowed one such case to proceed, although cases brought elsewhere have been dismissed. Milieu Defensi vs Shell The case is currently under appeal.
  • This year’s analysis introduces a new category of “transition risk” litigation, which includes lawsuits brought against company directors and officers over their management of climate risks. Enea shareholders approved a decision to bring such a lawsuit against a former director over plans to invest in a new coal-fired power plant in Poland.
• Of the more than 230 lawsuits filed in 2023, around 50 are not aligned with climate goals. Some lawsuits challenge climate measures, while others do not challenge climate measures themselves but relate to how they are implemented. The main types of non-aligned climate lawsuits are:
  • ESG backlash cases challenging the incorporation of climate risk into financial decision-making.
  • It is a strategic lawsuit against public participation (SLAPP) against NGOs and shareholder activists trying to block climate action efforts.
  • The case for a just transition, challenging the distributional impacts of climate policies and policy-making processes, usually on human rights grounds.
  • Green vs. green litigation regarding potential trade-offs between climate and biodiversity or other environmental goals.

Recent previous reports in this series:

2023 Snapshot

2022 Snapshot