Climate hopes shift from politics to the courts as legal battles heat up

As global warming gains attention, the legal battle against climate change intensifies. Over the past decade, numerous national governments have faced court challenges, leading to the implementation of climate-friendly policies in countries like the Netherlands, Pakistan, Switzerland, and South Korea. Dennis van Berkel of the Climate Litigation Network reported, "There is momentum for climate litigation in the courts."

A recent victory in Australia saw the country's highest court halt the expansion of a coal mine in New South Wales due to its climate impact. Margaret Young, a law professor at the University of Melbourne, noted, "Climate change litigation is growing domestically and internationally."

Despite recent setbacks in political climate ambition, international courts have affirmed countries' legal obligations to address climate change in advisory opinions. These opinions, issued by the International Tribunal for the Law of the Sea, the Inter-American Court of Human Rights, and the International Court of Justice, are already influencing national courts.

Jasper Teulings of the Climate Litigation Network mentioned, "A lot has been achieved in a short period of time," as these principles are being utilized in ongoing litigation.

While the legal precedent for corporations is less established, there is a "tightening net" for oil companies. Notable cases include the UK overturning permits for oil, gas, and coal projects, Norway's Supreme Court ruling on North Sea licenses, and the Netherlands' Supreme Court case against Shell. Potential breakthroughs could include rulings mandating compensation for climate change impacts, as seen in a German court case against RWE.

However, setbacks are evident, with climate groups losing lawsuits against oil companies in the US and New Zealand altering its laws to block a Maori activist's lawsuit. Despite these challenges, Sophie Marjanac, legal director at the Redwater Insights think tank, asserted, "Despite what politicians say about the international legal system, judges still respect and apply international law in many countries around the world."