Americans love climate litigation

Jul 13, 2023 View in browser   By Jordan Wolman THE BIG PICTURE We know that Americans love lawsuits. And it turns out that the national passion for litigation extends to climate-related cases. U.S. litigants are responsible for nearly 70 percent of the climate-related suits filed globally since 1986, according to a new report jointly written by the London School of Economics, Columbia Law School and the Centre for Climate Change Economics and Policy. That's 1,590 out of the 2,341 cases from at least 51 countries, nearly two-thirds of which have come since 2015, when the Paris Climate Accords were struck. The findings come as high profile climate-related cases have garnered recent public attention in the U.S. The next highest is Australia, where 130 cases have been identified, followed by the U.K. at 102. Global growth is continuing, the report found, even as the U.S. pace slows after peaking in 2020 — the last year of the Trump administration. Finland, Romania, Russia and Thailand have all seen their first cases since the start of last year. The range of cases include ones designed to challenge a government’s implementation of a climate policy, those brought against companies to disincentivize high-polluting activities, and others challenging the financing of polluting projects, targeting greenwashing and more recently in the U.S., “ESG backlash litigation.” The report defines a climate litigation case as one brought before a court that involves “material issues of climate change science, policy, or law.” Who is bringing these cases? It’s mostly non-governmental organizations. Nearly 60 percent of all cases going back to 1986 have been filed by NGOs. That number has risen to nearly 90 percent of cases filed in the past year outside the U.S., while in America the percentage remains lower at just over 70 percent of cases, with 13 percent filed by corporations or trade associations. Out of the 549 cases in which interim or final decisions have been rendered, 55 percent have been favorable for climate action, 35 percent have been unfavorable with the remaining ones having been neutral, withdrawn or settled. The report anticipates increased litigation focused on biodiversity, the duties of governments and companies to protect the oceans, damage from extreme weather events, cases surrounding “short-lived climate pollutants” such as methane, and litigation between countries, especially regarding disputes over fossil fuels.   UNLEASH THE FUTURE OF HEALTHCARE WITH POLITICO, A 7/20 INTERACTIVE EVENT: Imagine a future where rare genetic diseases are not only treatable, but potentially curable. Where our approach to chronic illness takes a monumental leap forward. That future is already taking shape in the form of next-generation health care treatments such as gene therapy. Join POLITICO on Thursday, July 20 and delve into the burgeoning field of gene therapies, which hold the power to redefine our health care landscape. Are you ready to explore this new frontier in health care? Don't miss this chance to be part of the conversation. REGISTER NOW.     YOU TELL US GAME ON — Welcome to the Long Game, where we tell you about the latest on efforts to shape our future. We deliver data-driven storytelling, compelling interviews with industry and political leaders, and news Tuesday through Friday to keep you in the loop on sustainability. Team Sustainability is editor Greg Mott, deputy editor Debra Kahn and reporters Jordan Wolman and Allison Prang. Reach us all at gmott@politico.com, dkahn@politico.com, jwolman@politico.com and aprang@politico.com. Want more? Don’t we all. Sign up for the Long Game. Four days a week and still free! WHAT WE'RE CLICKING — Hybrid work is projected to slash $800 billion from office real estate value in major global cities by 2030, according to a McKinsey study. Reuters has the story. — Bloomberg talks with the former Canadian government minister who won support a carbon tax by labeling it “a price on pollution.” — What will it take to rebuild trust in carbon offset markets? The Wall Street Journal looks for answers.   LISTEN TO POLITICO'S ENERGY PODCAST: Check out our daily five-minute brief on the latest energy and environmental politics and policy news. Don't miss out on the must-know stories, candid insights, and analysis from POLITICO's energy team. Listen today.       Follow us on Twitter Debra Kahn @debra_kahn Greg Mott @gwmott Jordan Wolman @jordanwolman Allison Prang @AllisonPrang   Follow us

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