Climate Governance Initiative’s Post

Is Arbitration the Key to Resolving Climate Change Disputes? Or Are We Missing Something? As the world grapples with the realities of climate change, the need for effective dispute resolution mechanisms is more critical than ever. Arbitration, known for its efficiency and flexibility, could be an effective tool to address complex climate-related disputes. But is it truly equipped to handle the intricacies of environmental justice and global accountability? While arbitration offers many advantages, it also faces significant challenges regarding climate change. Issues like the need for transparency and the enforceability of climate obligations require us to rethink and adapt traditional arbitration frameworks. The question remains: Can arbitration, with the proper modifications, rise to meet the demands of the climate crisis, or do we need entirely new mechanisms to ensure justice and fairness in these global disputes? #ClimateChange #Arbitration #Sustainability #LegalInnovation #EnvironmentalJustice #ADR #DisputeResolution

There has been a steady increase in the number, types, and complexity of climate-related disputes over the past few years. Strategic litigation against governments and corporations, investment disputes, commercial disputes related to transition. Do disputes help or hinder the climate transition? What role does climate science play in the court room?    We are proudly presenting our panel speakers  Anna-Maria Tamminen, Dr Crina Baltag, FCIArb, Anna Rogalska Hedlund and Justine Schoenfeld-Quinn at Law and Climate Change Summit on April 18 in Stockholm (hybrid).   Read more and register at: https://lnkd.in/dPxaQURe   Law and Climate Change Summit is arranged by JP Infonet AB and Climate Change Counsel. Our main partner is Cirio Law Firm and collaborative partners are Net Zero Lawyers Alliance and The Chancery Lane Project.   #ClimateRisk #ClimateChange #LegalInnovation #Sustainability #InHouseCouncel #ClimateConscious #LegalPractice 

Yesterday, the 6th annual Global Trends in Climate Litigation Report was launched at LSE for London Climate Week. Described by one attendee as the "album drop of the year" for climate litigators and researchers, the report aims to provide a snapshot of how climate-related cases and legal frameworks are evolving year-on-year. Here are some interesting facts from yesterday's event launch: - The rate of climate-related cases is stabilizing since its rapid increase following the 2015 Paris Agreement. However, this could be down to it getting harder to track cases as they become more frequent and distributed geographically. - There were over 2600 confirmed lawsuits in 2023, spanning 55 countries including Panama and Portugal for the first time. 87% of cases were in the global north, but there is a growing trend in the global south, where the majority of the ~200 cases were in Brazil. - The largest trend is in climate litigation targeting corporates. It's no longer just fossil fuels and big tobacco, but spread across many sectors, with the majority of cases focused on greenwashing (with a ~70% success rate). What trends could we see moving forward? 🌿 Biodiversity-linked cases are often overlooked and increasingly more relevant. Furthermore, they could provide a higher success rate since it's easier to prove locally - for instance, being able to trace the supply chain or ownership structures can make it easier to know who to litigate against for crimes against the local ecosystem. 🔎 More scrutiny is needed to show the impact litigation actually has on the ground: does it halt more fossil fuel projects, does it prevent or slow the rate of deforestation, etc. 🏭 Companies will face larger penalties and potentially more criminal charges (rather than traditionally fines or market exclusion in civil suits) given the enforcement of regulatory compliance and an increase in "polluter pays" superfund suits in the US. For those who could not attend, there should be a recording released shortly here: https://lnkd.in/ePG2i324 A huge thanks to LSE for hosting the event, all the wonderful panellists, and of course the Grantham Research Institute on Climate Change and the Environment & the Sabin Center for Climate Change Law for making this seminal report! #climate #climatelaw #litigation #corporatelaw #regulation

🌊 𝗥𝗶𝘀𝗶𝗻𝗴 𝘁𝗶𝗱𝗲 𝗼𝗳 𝗰𝗹𝗶𝗺𝗮𝘁𝗲 𝗹𝗶𝘁𝗶𝗴𝗮𝘁𝗶𝗼𝗻: 𝗸𝗲𝘆 𝘁𝗿𝗲𝗻𝗱𝘀 𝘁𝗼 𝘄𝗮𝘁𝗰𝗵 A 2024 report from the LSE Grantham Research Institute reveals a sharp increase in climate-related lawsuits against corporate actors, with cases now expanding beyond fossil fuels to sectors like airlines, food and beverage, e-commerce, and financial services. The upcoming Greenwashing Directive, along with regulations like the Corporate Sustainability Due Diligence Directive (#CSDDD) and the EU’s Deforestation Regulation, will further tighten the rules to protect against misleading environmental claims. Key trends to watch: 🌿 𝗖𝗹𝗶𝗺𝗮𝘁𝗲-𝘄𝗮𝘀𝗵𝗶𝗻𝗴 𝗰𝗮𝘀𝗲𝘀: In 2023, 47 cases targeted misleading environmental claims (greenwashing), with over 70% ruling in favour of claimants. ⚖️ 𝗣𝗼𝗹𝗹𝘂𝘁𝗲𝗿 𝗽𝗮𝘆𝘀 𝗽𝗿𝗶𝗻𝗰𝗶𝗽𝗹𝗲: Cases like Lliuya v. RWE are holding companies accountable for climate harm. If successful, these could set legal precedents. 🏛️ 𝗖𝗼𝗿𝗽𝗼𝗿𝗮𝘁𝗲 𝗴𝗼𝘃𝗲𝗿𝗻𝗮𝗻𝗰𝗲: Cases like Milieudefensie v. Shell are pushing for companies to align policies with climate goals, holding directors accountable. 🌪️ 𝗧𝗿𝗮𝗻𝘀𝗶𝘁𝗶𝗼𝗻 𝗿𝗶𝘀𝗸𝘀: Shareholders are suing directors for poor management of climate risks, such as in Métamorphose v. TotalEnergies. 👉 𝗥𝗲𝗮𝗱 𝘁𝗵𝗲 𝗳𝘂𝗹𝗹 𝗿𝗲𝗽𝗼𝗿𝘁 𝗼𝗻 𝗴𝗹𝗼𝗯𝗮𝗹 𝘁𝗿𝗲𝗻𝗱𝘀 𝗶𝗻 𝗰𝗹𝗶𝗺𝗮𝘁𝗲 𝗹𝗶𝘁𝗶𝗴𝗮𝘁𝗶𝗼𝗻: https://lnkd.in/dEWNfK6j #ClimateLitigation #Greenwashing #CorporateAccountability #Sustainability #ClimateRisk #ClimateAction #LSEGrantham

Grantham Research Institute on Climate Change & the Environment 2024 report on global trends in climate change litigation features an overview of the latest global developments and insights into recent cases. About 230 climate-aligned lawsuits have been initiated against corporations and trade associations since 2015, with more than two-thirds filed since 2020. Although the growth in the number of cases has slowed, this may indicate a strategic focus on high-impact litigation. New countries, including Panama and Portugal, joined the global movement by filing their first climate cases last year. International climate change litigation saw significant developments, with major courts and tribunals being called upon to rule on climate-related issues. Despite international cases comprising only 5% of the total, they have the potential to shape domestic legal landscapes. Notably, the European Court of Human Rights’ decision in the KlimaSeniorinnen v. Switzerland case is expected to spur further legal actions. Corporate climate litigation also saw key trends, with a rise in ‘climate-washing’ cases and developments in ‘polluter pays’ litigation. Nearly 50 cases filed in 2023 were not aligned with climate goals, including ESG backlash cases and SLAPP suits against NGOs. The introduction of 'transition risk' cases, targeting corporate directors for their climate risk management, marks a new frontier in climate litigation. Thank you, Joana Setzer and Catherine Higham for preparing the report. #climatelitigation #litigation #esg #climatechange #sustainability

Climate change litigation is continuing to mould legal landscapes in 2024. 🌳⚖️ We're tracking key cases and their implications for businesses. Dive into the details here ➡️ https://lnkd.in/eYJXnUxw #ClimateAction #LegalTrends #EcoLaw #ESG

Climate-related lawsuits are on the rise🌡 worldwide, exposing businesses to significant legal risks from their environmental🌳 impact. Developing sustainability strategies and effective stakeholder communications are some of the key actions businesses can take to minimize the risk of climate litigation. Read the full Quick Take to find out more: https://lnkd.in/eemEuBaf Anuj Saush Manali Paranjpe

Trends in U.S. and International Climate Litigation | Sept 19 | 1 pm EDT Join us for an insightful program on the evolving trends in climate change litigation before judicial and quasi-judicial bodies like the UN Human Rights Council and the Assembly of the Council of Europe. While the U.S. remains a leader in climate litigation, significant international cases offer valuable lessons and highlight key differences in legal strategies. We’ll explore critical issues such as court jurisdiction, enforceable climate rights, and identifying responsible parties, with analysis of landmark cases like Peter Sabo v. European Parliament, Daniel Billy v. Australia, and Milieudefensie v. Royal Dutch Shell. These discussions will shed light on what these global developments mean for the future of U.S. climate litigation. #climatechange #NYCClimateWeek Learn more about this program and the series here: https://ow.ly/aBNb50Tew9e

Trends in U.S. and International Climate Litigation | Sept 19 | 1 pm EDT Join us for an insightful program on the evolving trends in climate change litigation before judicial and quasi-judicial bodies like the UN Human Rights Council and the Assembly of the Council of Europe. While the U.S. remains a leader in climate litigation, significant international cases offer valuable lessons and highlight key differences in legal strategies. We’ll explore critical issues such as court jurisdiction, enforceable climate rights, and identifying responsible parties, with analysis of landmark cases like Peter Sabo v. European Parliament, Daniel Billy v. Australia, and Milieudefensie v. Royal Dutch Shell. These discussions will shed light on what these global developments mean for the future of U.S. climate litigation. #climatechange #NYCClimateWeek Learn more about this program and the series here: https://ow.ly/KnUj50TkFav

Very insightful - if anything, read the snapshot summary. On where #climatelitigation has been successful, and where not, as well as the emergence of transition finance litigation (see also my post on the expansion of ClientEarth's 'guardrails' for transition finance and the spread of ICMA - International Capital Market Association and Loan Market Association (LMA) soft law into lending to bonds and funds). (Students in my #sustainablefinance / #impactinvesting classes: helpful overview and context of what's happened in the past year. What is your one take-away from the report?)