Overview of Climate Litigation
Climate Litigation 101
Introduction
More and more climate cases are making their way to courtrooms in the United States and globally each year. But what is a climate case? Where are these climate cases being filed and what types of claims are raised?
This StoryMap introduces the concept of climate change litigation and uses data from the Sabin Center for Climate Change Law’s U.S. and Global Climate Change Litigation Databases to provide an overview of the scope and trends in climate litigation. The Sabin databases use specific criteria to identify and track litigation where climate science, policy, or law are central to the case.
Defining Climate Litigation
Climate litigation exists in a variety of forms, and many cases have implications for climate mitigation and adaptation even if climate isn’t raised as a material issue.
From central to peripheral, from motivating factors to serving as a constant backdrop, climate in the courts is here and here to stay.
The figure to the right demonstrates the varying ways climate change comes up in the courtroom.
Climate Cases Over Time
Since 1986, the overall trend has increased from a handful of cases in the early 2000s to hundreds filed each year.
Distribution of Climate Cases
As of August 2024, the Sabin Center's U.S. Climate Litigation database documents over 1,800 U.S. climate suits. In addition to U.S. cases, the Global Climate Litigation Database includes more than 900 cases worldwide.
Where are these cases located?
Climate Cases by Country
As of August 2024, the Sabin Center's Climate Change databases included 1,822 cases filed in the United States and 939 filed in all other jurisdictions.
Globally, there are climate cases documented in over 50 countries. The database also reports more than 150 cases brought before international or regional courts or tribunals.
The majority of cases have been filed in the United States, followed by Australia, the United Kingdom (UK), Brazil, and Germany.
Collectively, more than 330 cases have been filed in Europe, with more than half of those cases filed in the UK, Germany, and France.
Climate Cases by U.S. State
49 states have at least one case where climate change law, policy, or science, was a material issue or law or fact.
This chart is based on cases in state courts, before state agencies, and in federal district courts. It does not include cases in U.S. federal courts of appeals.
U.S. Climate Cases by Claim
Cases in the United States feature a wide variety of legal theories. These include federal and state constitutional, statutory and regulatory, and common-law claims.
What are the most common types of claims?
The most common statutory claims are those challenging environmental reviews under the National Environmental Policy Act (NEPA) and state equivalents.
While most climate cases end up in federal court, approximately 40-45% of cases arise under state law. Where federal claims tend to cluster around a few environmental statutes, state-law claims are predictably more varied, involving many different types of law.
Climate Case Trends
As the number of climate cases filed each year continues to grow, some trends are emerging.
What are the major trends in climate litigation?
Scroll to find out ↓
Trend 1
Suits under state constitutions
While the U.S. Constitution does not refer to the environment or contain an explicit provision that guarantees the right to a clean, safe, and healthful environment, several state constitutions do have begun to do so. Many state constitutions have provisions relating to the environment or natural resources. Constitutional provisions unrelated to the environment have also been tested in cases involving rights to a clean environment or stable climate.
Examples include:
- Montana ( Held v. State of Montana )
- Hawai‘i ( Navahine F. v. Hawai‘i Department of Transportation )
Trend 2
Suits to challenge or advance renewable energy projects and programs
These disputes relate to the transition to renewable energy, such as siting and land use, environmental impact assessments, and approvals of wind and solar projects, as well as transmission lines. Suits seek to overturn agency rulemaking on renewable energy standards, raising questions around agency authority in rulemaking.
Examples include:
- natural resource management and land use
- wildlife impacts
- economics and rate-setting
Trend 3
Challenges to federal climate regulations
Challenges to federal climate regulations can emerge in the contexts of government defense of greenhouse gas regulations or plaintiffs seeking new or strengthened greenhouse gas regulations.
Examples include:
Trend 4
Suits by state and local governments against fossil fuel companies
There have been dozens of cases seeking to hold fuel companies responsible for present and anticipated costs relating to climate change.
Examples include:
Conclusion
More climate impacts means more cases involving climate change.
Climate change issues are already making their way into state and federal courts in the United States, as well as courts around the world. As climate science advances, and climate impacts become more widespread and pervasive, more litigation is sure to follow.
About CJP
Authoritative. Objective. Trusted.
As the body of climate litigation grows, judges must consider complex scientific and legal questions, many of which are developing rapidly. To address these issues, the Climate Judiciary Project of the Environmental Law Institute collaborates with leading national judicial education institutions to meet judges’ need for basic familiarity with climate science methods and concepts.
Our goal is to provide neutral, objective information to the judiciary about the science of climate change as it is understood by the expert scientific community and relevant to current and future litigation.
Our shared vision is to make available to federal, state, and local judges the basic science they need to adjudicate the climate litigation over which they preside.
Climate Science and Law for Judges Curriculum
Thirteen Curriculum modules are now available online.
We are developing and disseminating a climate science and law curriculum and are conducting seminars and educational programs, in collaboration with leading climate scientists and legal experts.
Resources
Interested in learning more about climate science and litigation? Visit CJP's online resource library, which includes slide decks, reports, podcasts, and more!
Climate Litigation 101 Slides
