Climate Litigation: The Next Frontier of Environmental Justice

Introduction

Climate litigation refers to the use of legal action to address issues related to climate change. It often involves individuals, organizations, or even governments suing corporations or state authorities for their role in contributing to greenhouse gas emissions or failing to take adequate climate action. At its core, climate litigation aims to hold powerful entities accountable for environmental harm, ensure compliance with national and international climate commitments, and protect fundamental human rights that are being threatened by the changing climate.

These cases are filed before national courts, regional human rights bodies, or international tribunals. While earlier environmental lawsuits mainly sought damages for pollution or resource depletion, modern climate litigation takes a broader view where it connects climate inaction to rights violations, social inequality, and even intergenerational justice.

The Rise of Climate Cases Worldwide

Over the last decade, there has been a remarkable surge in climate-related lawsuits. According to the Grantham Research Institute at the London School of Economics, more than 2,500 climate cases have been filed globally as of 2024, across 65 jurisdictions.

Countries like the United States, the Netherlands, Australia, Germany, and India have seen landmark judgments that are reshaping environmental law and policy. Many of these cases are spearheaded by youth activists, indigenous communities, or NGOs who argue that inaction on climate change violates their constitutional and human rights.

Perhaps the most famous case is Urgenda Foundation v. State of the Netherlands (2019), where the Dutch Supreme Court ordered the government to reduce greenhouse gas emissions by at least 25% by 2020 compared to 1990 levels. The court ruled that failure to act on climate change breached the right to life and well-being under the European Convention on Human Rights.

This case inspired similar lawsuits across the globe from Juliana v. United States, where young plaintiffs challenged the US government for endangering their future, to Leghari v. Pakistan, where a farmer successfully argued that government inaction violated his constitutional right to life and dignity.

Why Climate Litigation Matters

Climate litigation is more than courtroom drama. It represents a shift in how societies think about environmental responsibility. It translates scientific evidence and moral outrage into enforceable legal obligations.

1.     Accountability: It forces governments and corporations to confront the consequences of their policies and business models.

2.     Policy Reform: Successful cases often push legislative and regulatory changes that accelerate climate action.

3.     Justice for Vulnerable Communities: Marginalized groups such as coastal populations, indigenous people, and farmers can use the courts to seek protection from disproportionate impacts.

4.     Public Awareness: Lawsuits bring climate issues into the public eye, shaping political discourse and consumer behavior.

Even when plaintiffs lose, the publicity generated often influences future policy and activism. In that sense, every case contributes to building a culture of environmental accountability.

The Indian Context

India, as one of the most climate vulnerable countries, is witnessing a gradual but significant rise in climate-related litigation. Though most cases are framed under environmental or constitutional law rather than explicit “climate law,” the underlying principles remain the same.

A key case in this context is M.K. Ranjitsinh & Ors. v. Union of India (2021), where the Supreme Court recognized the urgent need to protect the Great Indian Bustard, an endangered bird threatened by climate-linked habitat loss and power line projects. The Court ordered the undergrounding of power cables to prevent further harm—an acknowledgment of the intersection between development, biodiversity, and climate change.

Another milestone is the T.N. Godavarman Thirumulpad series of cases, where the Court evolved the doctrine of sustainable development and precautionary principles, both critical to climate justice. While India’s courts have been progressive in environmental jurisprudence, explicit climate litigation where emissions, adaptation, or government policy are directly challenged remains in its infancy.

However, this is changing. Civil society groups are increasingly invoking the right to life under Article 21 of the Constitution to demand stronger climate action. India’s National Green Tribunal (NGT) has also become a key platform for addressing cases related to pollution, industrial projects, and environmental clearances that have climate implications.

Human Rights and Climate Justice

Climate litigation is not just about protecting trees or ice caps—it’s about protecting people. The human rights dimension of climate change is now central to most cases. Courts are recognizing that rising temperatures, floods, and pollution directly affect rights to life, health, food, housing, and culture.

For example, in Torres Strait Islanders v. Australia (2022), the UN Human Rights Committee found that Australia’s inaction on climate change violated the islanders’ rights to enjoy their culture and family life, as rising sea levels threatened their ancestral lands. This was a historic acknowledgment that climate inaction can constitute a human rights violation.

This approach reframes climate change as a justice issue, not just an environmental or scientific one. It emphasizes that the burden of the crisis falls unequally—on the poor, the young, and future generations who have contributed least to the problem.

Challenges Facing Climate Litigation

Despite its promise, climate litigation faces several obstacles.

1.  Legal Standing: Courts often question whether individuals or NGOs have the right to bring forward cases on behalf of future generations or the planet.

2.   Causation and Evidence: Establishing a direct causal link between specific emissions and specific climate harms is complex.

3.   Enforcement: Even when courts issue progressive judgments, governments may delay or dilute implementation.

4.   Corporate Evasion: Multinational corporations often operate across borders, making it difficult to assign liability in a single jurisdiction.

Additionally, there is political resistance. Governments fear that court orders mandating emission cuts or stricter environmental standards could affect economic growth. However, as climate impacts intensify, the legal and moral case for action grows stronger.

Youth and Grassroots Movements

A remarkable feature of modern climate litigation is the role of young people. From Greta Thunberg’s activism to India’s own youth climate strikes, young citizens are increasingly using courts to demand a safe future.

In Juliana v. United States, a group of children argued that the federal government’s promotion of fossil fuels violated their constitutional rights to life, liberty, and property. Although the case faced procedural hurdles, it inspired similar actions worldwide and signaled that intergenerational equity is becoming a legal reality.

In India, movements like Fridays for Future and environmental NGOs are creating awareness about the right to a healthy environment. These efforts are slowly shaping public opinion and legal culture, pushing both policymakers and judges to see climate protection as a duty owed to future generations.

Corporate Accountability and Greenwashing

As consumers become more climate-conscious, corporations increasingly promote their environmental credentials. Yet many of these claims are exaggerated or false, a phenomenon known as greenwashing. Climate litigation has begun to target this as well.

Recent lawsuits in the EU and the United States have challenged misleading advertisements by oil and gas companies claiming to be “carbon neutral” or “climate friendly.” In the UK, for example, ClientEarth has brought actions against corporate boards, arguing that failing to manage climate risks breaches directors’ fiduciary duties.

Such cases mark an important shift from focusing solely on governments to holding private actors accountable. They also signal a broader transformation in corporate governance, where environmental responsibility is no longer optional but integral to long-term sustainability.

[Image Sources: Shutterstock]

The Future of Climate Litigation

Climate litigation will continue to evolve as scientific evidence, public pressure, and legal innovation converge. Courts are becoming more receptive to climate arguments, and activists are finding creative ways to frame their claims—linking climate change to constitutional rights, public trust doctrines, and even consumer protection laws.

The coming years will likely see:

●      More cross-border cases, especially targeting multinational corporations.

●      Climate finance and loss-and-damage claims by developing nations against major emitters.

●      Increased focus on adaptation and resilience, not just emission reduction.

●      Use of international tribunals and human rights bodies for global accountability.

Ultimately, climate litigation is not just about punishment, it’s about transformation. It forces societies to confront uncomfortable truths and to rethink how law can serve the planet as well as people.

Conclusion

Climate litigation represents a new era of environmental justice where law becomes a tool for survival. It holds governments and corporations accountable for their role in the climate crisis

and affirms that a healthy environment is a fundamental human right. These cases bridge science, ethics, and law turning public concern into enforceable responsibility. Though legal action alone cannot halt global warming, it compels change where policy often fails. It empowers citizens to demand a livable planet and ensures that justice includes not only human rights but also ecological balance.

In the courtroom battles for climate action, humanity is, in essence, fighting for its own future proving that protecting the planet is the highest form of justice.

Author: Anushka Saha, in case of any queries please contact/write back to us via email to chhavi@khuranaandkhurana.com or at  Khurana & Khurana, Advocates and IP Attorney.