NO ONE IS TOO SMALL TO MAKE A DIFFERNCE
~ GRETA THUNBERG
Humans must admit that every breath of air we take, every spoonful of food we take, comes from the natural world. And if we damage the natural world, we harm ourselves. We are one intelligible ecosystem. It’s not just a query about beauty, or interest, or wonder- the vital ingredient of human life is a healthy planet. Climate change litigation has become a momentous and increasingly evident part of the broader climate movement, representing a varied and evolving set of legal actions aimed at confronting the climate crisis. This form of litigation spans across multiple legal arenas: public law, tort law, human rights, and international law—and it involves a variety of actors, counting governments, individuals, environmental organizations, and corporations.
Every year we celebrate World Environment Day on June 5th , which is directly related to Climate Change as it serves as a stage to raise awareness and inspire action to address this life-threatening issue with different themes each year such as: Wipe out pollution before it wipes you out, Love to breathe: save the trees, Save the Earth: Save Yourselves and the recent one was Beat Plastic Pollution, etc, in order to help protect our Environment but a question arises Do we really stick to the themes and try to initiate in making the planet a better place to live in as well as making our future better and pollution free? The main motive of World Environment Day is to encourage individuals, communities and organizations to adopt sustainable practices and sponsor a healthier Planet.
India, one of the world’s leading emitters of greenhouse gases and one of the countries, most susceptible to the effects of climate change, is seeing a gradual rise in climate change litigation. Though not as predominant or high-profile as in some Western countries, India has perceived numerous significant cases, primarily involving the government’s responsibility to address climate change, environmental degradation, and the rights of citizens to a harmless and strong environment. This emerging trend is categorized by the strategic use of constitutional law, environmental law, and human rights frameworks.
Lawful Framework in India for Climate Change Litigation
Constitutional Rights
The Indian Constitution guarantees a range of fundamental rights that have been used in climate litigation, particularly the Right to Life under Article 21[1]. This right is interpreted broadly to include the right to a hygienic and healthy environment. India’s courts have linked environmental safety to fundamental rights, thus making environmental degradation a constitutional problem.
Right to Life (Article 21): This is perhaps the most critical legal provision invoked in climate change cases. The Supreme Court of India has steadily held that a “clean environment” is integral to the right to life.[2]
Directive Principles of State Policy (Article 48A): This article leads the State to protect and improve the environment. Although not justiciable, it provides an important basis for litigation to argue that governments are legally obliged to address climate change.[2][i]
Public Trust Doctrine: This doctrine, which is based on the principle that certain resources are held in trust by the government for the public (such as the atmosphere, rivers, and forests), has been invoked in Indian courts to compel the government to protect the environment. This doctrine has played an important role in several environmental cases.
WHY IS CLIMATE CHANGE LITIGATION ESSENTIAL?
We contaminate this planet as if we have extra one to go to. As the effects of climate change become progressively apparent, the urgency for effective action has never been greater. One of the most extensive developments in this fight is the increase of climate change litigation.
In the landmark case of M.C. Mehta v. Union of India (1986),which involved the Ganga River pollution issue. The Supreme Court of India recognized the right to a clean atmosphere as a fundamental right under Article 21 of the Constitution. The Court ordered the closure of polluting industries along the river, setting a model for environmental litigation in India. This legal approach serves as a critical mechanism for holding governments and corporations accountable for their roles in contributing to climate change. Below, we discover the vital reasons why climate change litigation is indispensable in the quest for a sustainable future.
1. Accountability and Responsibility
Climate change litigation plays a vigorous role in holding major greenhouse gas emitters accountable for their contributions to global warming. By pursuing legal action against fossil fuel companies and other polluters, these lawsuits compel entities to take responsibility for their emissions and the resulting environmental damage. This accountability is crucial for fostering a culture of responsibility in addressing climate issues and ensuring that those who contribute to the problem are held responsible for their actions.
2. Legal Precedents and Frameworks
The growing number of climate litigation cases contributes to the formation of legal precedents that can impact future cases. Effective lawsuits create a framework for legal arguments that can be utilized in various jurisdictions, enhancing the overall effectiveness of climate law. Each case builds upon the last, progressively shaping a more robust legal landscape for climate action.
3. Human Rights Safety
Many climate lawsuits are grounded in human rights principles, asserting that inadequate climate action violates fundamental rights to life, health, and a clean environment. This intersection of climate and human rights law highlights the moral imperative for governments and corporations to act. By framing climate change as a human rights issue, litigants can mobilize broader public support and compel decision-makers to prioritize climate action.
4. Legislative Change and Policy Impact
Litigation can drive legislative change by exposing gaps in existing laws and pushing for more robust climate policies. Efficacious cases often lead to new regulations that mandate emissions reductions and promote sustainable practices. By prominence the inadequacies of current frameworks, climate litigation can serve as a catalyst for more ambitious climate action at both national and international levels.
5. Public Awareness and Assignation
Prominent climate litigation cases raise public awareness about the urgency of climate action. They serve as catalysts for community mobilization and grassroots movements, inspiring citizens to advocate for stronger climate policies and practices. As these cases garner media attention, they help to teach the public about the dangers associated with climate change and the need for instant action.
6. Empowerment of Vulnerable Communities
Climate litigation often focuses on the rights of marginalized groups disproportionately affected by climate change. By intensifying their voices in legal proceedings, these lawsuits help address social injustices and promote equitable climate solutions. Empowering vulnerable communities through litigation ensures that their worries are recognized and addressed in the broader climate discourse.
Arguments on Climate Change Litigation
As climate change continues to pose an existential hazard to our planet, climate change litigation has emerged as a noteworthy arena for debate. This legal approach reflects the complexities of addressing environmental challenges through judicial means. Below, we discover key points of contention in the current discussions surrounding climate change litigation:
Efficacy of Legal Action
One of the leading debate centres around the effectiveness of climate litigation in achieving eloquent change. While some studies indicate that a favourable outcome befalls in a significant percentage of cases, critics argue that many lawsuits do not lead to substantial policy shifts or emissions reductions. Additionally, there are concerns about judicial limitations; courts may lack the authority or willingness to enforce determined climate policies, raising questions about the role of the judiciary in climate governance.
Counterattack and Counter-Litigation
The growth of climate litigation has also led to backlash from corporations and investors. Governments may face lawsuits through Investor-State Dispute Settlements (ISDS), where companies sue states for regulatory actions perceived as harmful to their investments. This dynamic can deter governments from enacting strong climate policies due to fears of costly litigation. Furthermore, civil disobedience cases involving climate activists raise ethical questions about the balance between lawful protest and legal consequences, complicating the narrative around climate action.
Human Rights Implications
Juliana v. United States[3], in this landmark case, a group of young plaintiffs sued the federal government, claiming that its failure to take adequate action against climate change violated their constitutional rights to life, liberty, and property. The Ninth Circuit Court ultimately dismissed the case, citing lack of standing, but the case highlighted the potential for constitutional claims in climate litigation.
The framing of climate change as a human rights issue has flashed disputes about the extent to which governments are obligated to protect citizens from climate impacts. While some argue that this legal framing can lead to more robust protections, critics contend that it may create impractical expectations of what legal systems can deliver. Additionally, while there is a rising focus on how climate litigation can empower marginalized communities, some argue that litigation may not sufficiently address the root causes of vulnerability and inequality.
Connection with Environmental Justice
Vulnerable Communities: Climate change disproportionately affects marginalized communities, making environmental justice a crucial aspect of climate litigation. Lawsuits often highlight the inequities faced by these communities, arguing that they bear the brunt of climate impacts while contributing the slightest to the problem.
Community-Led Actions: Many successful climate lawsuits have been initiated by local communities advocating for their rights. These actions often focus on specific local issues, such as air quality, water pollution, and land use, linking them to broader climate change impacts.
Rights of Nature: Some legal frameworks are beginning to identify the rights of nature, granting ecosystems legal standing in court. This emerging concept can empower communities to take legal action to defend their local environments from climate degradation.
Public Opinion and Climate Change Litigation
Shifting Attitudes: Public awareness of climate change has grown significantly, influencing the legal landscape. Enlarged concern about climate impacts can lead to greater public support for litigation and pressure on governments and corporations to act.
Youth Engagement: The rise of youth-led climate movements, such as Fridays for Future, has galvanized public opinion around climate action. These movements often support legal actions that seek to hold governments accountable, creating a cultural shift that prioritizes climate justice[ii].
Media Coverage: The media plays a critical role in shaping public perception of climate change litigation. High-profile cases receive significant media attention, which can amplify their impact and encourage similar actions in other jurisdictions.
Global Trends and International Cooperation
Transnational Litigation: As climate change is a global issue, there is potential for transnational litigation, where cases are filed in multiple countries. This can create a more unified front against corporations and governments that fail to act on climate change.
International Human Rights Frameworks: Increasingly, climate litigation is being framed within the context of international human rights obligations. Cases may reference treaties such as the Paris Agreement [4]or the Convention on the Rights of the Child to argue that inaction on climate change violates international commitments.[5]
Collaborative Efforts: NGOs, legal experts, and scientists are increasingly collaborating across borders to share knowledge and strategies for effective climate litigation. This can lead to more robust cases and a greater likelihood of success.[6]
Possible Future Developments in Legal Frameworks
- Strengthening Environmental Laws: As climate change develops more pressing, there may be movements to strengthen environmental laws and regulations. This could comprise severer emissions targets, enhanced regulatory frameworks, and increased funding for climate adaptation and mitigation efforts.
- Required Climate Risk Disclosure: There is a growing push for corporations to disclose climate-related jeopardies in their financial reporting. This could lead to legal accountability for companies that fail to adequately address or disclose these risks.
- Climate Change as a Human Right: Legal scholars and activists are progressively advocating for the recognition of a right to a stable climate. Such a legal framework could provide a basis for future litigation and compel governments to take more decisive action on climate change.
SDG’s VIEW ON CLIMATE CHANGE
The UN emphasizes that climate change is a real and undeniable threat to civilization, and immediate action is necessary to prevent catastrophic consequences. The Sustainable Development Goal (SDG) 13 which focuses on climate action and urges countries to take urgent steps to combat climate change and its impacts, Strengthen-resilience against climate-related disasters, Integrate climate change measures into national policies and planning. Improve education and awareness on climate change mitigation and adaptation. Mobilize financial resources to support developing nations in climate action. Enhance capacity-building for climate-related planning and management.
Each country tailors its approach based on its economic, environmental, and social contexts. Different countries have implemented unique strategies to implement SDG 13 (Climate Action):
- Germany: Focuses on transitioning to renewable energy through its Energiewende policy, aiming for carbon neutrality by 2045.
- India: Implements the National Action Plan on Climate Change (NAPCC), promoting solar energy, sustainable agriculture, and afforestation.
- United States: Invests in clean energy technologies and has rejoined the Paris Agreement to strengthen global climate commitments.
- China: Leads in solar and wind energy production, with ambitious targets to peak carbon emissions before 2030 and achieve carbon neutrality by 2060.
- Brazil: Prioritizes forest conservation, particularly in the Amazon, to reduce deforestation and protect biodiversity.
REPORTS ON CLIMATE CHANGE:
According to World Meteorological Organization (WMO) Report, the global temperatures will likely continue rising, with an 80% chance that at least one year between now and 2029 will be the hottest on record. The report also predicts that the Arctic will warm significantly faster than the global average.[7]
According to Copernicus Climate Highlights 2024 this report, confirms that 2024 was the warmest year on record, surpassing the 1.5°C threshold set by the Paris Agreement. It details extreme weather events, rising greenhouse gas concentrations, and shrinking sea ice.[8]
Seeing the above-mentioned reports, we must get a bit more serious about our environment and work for a better and sustainable tomorrow. “Act now for the sake of Future Generations and a sustainable world.”
COMING EFFECTS OF CLIMATE LITIGATION
The Future effects of climate change litigation are dignified to be far-reaching, reshaping not only environmental policy but also corporate behaviour, financial markets, and even human right laws. Some chief potential influences include: stronger climate policies- Government may be legally compelled to adopt more ambitious climate targets and enforce stricter environmental regulations[9]. Courts are increasingly recognizing the Right to a Healthy Environment as a Fundamental human right which could coerce lawmakers to act faster and more conclusively.
Conclusion
Climate change litigation epitomizes a critical tool for individuals, communities, and organizations seeking to hold governments and corporations answerable for their roles in the climate crisis. As the impacts of climate change become more pronounced, the legal landscape will possibly continue to evolve, with more cases emerging that challenge existing norms and push for sturdier climate action. The outcomes of these cases can have far-reaching implications for environmental policy and climate justice around the world. While challenges remain, the possible for legal action to drive meaningful change is significant. As courts increasingly recognize the rights of individuals and communities to a healthy environment, climate litigation may play a crucial role in shaping climate policy and corporate accountability in the years to come. The intersection of law, science, and activism will likely continue to evolve, creating new opportunities and challenges in the fight against climate change. We are not separate from the environment we are a part of it, so we have to protect it.
[1] The Constitution of India, 1950.
[2] MC. Mehta v. Union Of India, AIR 1987, SC 1086.
[3] Juliana v. United States, 947 F.3d 1159 (9th Cir. 2020).
[4] Paris Agreement (adopted December 12, 2015, came into force 4 November 2016)
[5] Convention on the Rights of the Child (adopted November 20,1989, came into force 2 September 1990)
[6] ‘Global Trends in Climate Change Litigation: 2023 Snapshot’ (Grantham Research Institute on Climate Change and the Environment, 2023 July)
[7] World Meteorological Organization: ‘Global Annual to Decadal Climate Update 2024–2028’ (WMO- 2024)
[8] Copernicus Climate Change Service, ‘Climate Highlights 2024’ (Copernicus, 2025 January)
[9] Grantham Research Institute on Climate Change and the Environment, Global Trends in Climate Change Litigation: snapshot 2025(June 25 2025)
Juris Centre 