Climate

As the days grow shorter and I prepare for the holiday season, it’s a fitting moment to reflect on the state of climate litigation—a field that continues to evolve as both a tool for accountability and an arena for climate action. In the past year, we’ve seen significant victories that inspire hope, like the Swiss KlimaSeniorinnen case, which called for an improved government climate action plan; Held v. Montana, where young plaintiffs won the first U.S. trial court ruling affirming a constitutional right to a safe climate; and in Hawaii, which settled a landmark transportation-related case that will fund critical efforts to decarbonize its transit system. These victories illustrate the power of courts to advance meaningful progress in climate governance and highlight the growing importance of science and scientists in providing the evidence needed to inform these legal decisions. 

Yet, progress often feels frustratingly slow. In the U.S., cases challenging fossil fuel companies for decades of climate disinformation remain stalled, tied up by the defendants in procedural wrangling that prevents them from being heard on their merits, delaying justice for affected communities. It’s a familiar frustration: will 2025 finally be the year these cases move forward?  

While I’ve learned not to make bold predictions on this front, I remain cautiously optimistic. In fact, last week the U.S. Department of Justice weighed in on this with two key Supreme Court briefs supporting state-level climate lawsuits. In both cases, the DOJ sided with local governments, arguing that their claims against fossil fuel companies for misleading the public about climate harms should proceed under state law. These briefs underscore a clear federal stance on the importance of preserving state-level legal avenues to address deceptive practices.  

Although US Courts in the U.S. have made progress in hearing other types of climate-related cases, the lack of substantive rulings in disinformation lawsuits is a glaring gap. 

Similarly, even cases that appear to be securing meaningful outcomes often face uncertainties. In the Milieudefensie et al. v. Shell case, for instance, the Dutch courts upheld the ruling that Shell must act to reduce emissions in line with the Paris Agreement. However, the appeal process revealed uncertainties about the precise scale and timing of these reductions, exposing challenges of translating scientific evidence into clear legal mandates. 

This tension—between exciting breakthroughs and persistent delays—underscores the complexity of litigation’s role in climate governance. Courts are emerging as critical players in climate action, especially as a lack of political will and obstruction by fossil fuel interests continue to impede bold outcomes and accountability in international processes like the COP negotiations. I previously wrote about expectations for the incoming Trump presidency, positioning courts as an essential backstop for accountability in the U.S. in the absence of federal leadership. 

The ability of courts to enforce obligations, act on science, and elevate human testimony has never been more crucial. With this in mind, here are three key developments that I believe will shape climate litigation in 2025. 

International Courts Grapple with Climate Change Action  

2025 will undoubtedly be defined by the International Court of Justice (ICJ) and its advisory opinion on states’ obligations to combat climate change. The ICJ hearings, which wrapped last Friday, drew unprecedented global engagement, with a historic number of countries and organizations submitting arguments. These comments repeated an often-shared plea for justice, sustainability, and progress, emphasizing the need for international cooperation rooted in sound science and human rights. 

The ICJ’s advisory opinion has the potential to set a new benchmark for climate accountability. While not legally binding, such opinions hold significant moral and legal influence. They can guide future litigation, encourage governments to align their policies with scientific imperatives, and clarify the responsibilities of states under international law to protect vulnerable populations from climate harms. 

This moment at the ICJ builds on a growing trend of international courts stepping into the climate governance arena. In 2024, the International Tribunal for the Law of the Sea (ITLOS) issued a landmark advisory opinion affirming that greenhouse gas emissions constitute marine pollution under the United Nations Convention on the Law of the Sea (UNCLOS). ITLOS went further, clarifying the obligations of states to prevent, reduce, and control emissions, protect marine ecosystems, and collaborate internationally to address climate-related ocean impacts. While the ruling didn’t impose specific measures, it established UNCLOS as a legal framework for climate accountability that complements other treaties like the Paris Agreement and provides a pathway for legal action. 

Similarly, the Inter-American Court of Human Rights (IACHR) held hearings on climate change and human rights earlier this year, with a focus on the Americas. Submissions from states, NGOs, and individuals emphasized the disproportionate impact of climate change on vulnerable populations,  the need for regional cooperation, and corporate accountability. The IACHR’s forthcoming ruling could further solidify the link between climate action and human rights, providing another layer of legal precedent for addressing the climate crisis. 

Together, these international judicial interventions highlight a growing recognition of the courts as key arbiters in the fight against climate change. When diplomatic negotiations falter, judicial action serves as a complementary pathway, providing a critical counterbalance, grounded in evidence and accountability.  

A Surge in Greenwashing Litigation 

Another defining feature of 2025 will be the continued rise of greenwashing lawsuits. These cases, which challenge companies for making deceptive claims about their climate commitments or sustainability efforts, are becoming a cornerstone of climate litigation. Over 140 such cases have been filed globally since 2016, with 47 new filings in 2023 alone.  

Climate-washing lawsuits are particularly potent because they expose and disrupt the narratives corporations use to greenwash and bolster their reputations while continuing to contribute to the climate crisis. Recent cases have targeted sectors ranging from finance to consumer goods, and the scope is expanding. Courts have ruled against companies for overstating their “net zero” pledges, misleading consumers about the environmental impact of products, and greenwashing their financial products. 

As governments introduce stricter regulations on corporate sustainability claims and public awareness of greenwashing grows, this area of litigation is poised for significant expansion. Beyond penalizing false claims, these lawsuits send a clear message: corporations must back their promises with real, measurable action. 

Post-Disaster and Failure-to-Adapt Cases Gain Ground 

The growing prevalence of climate-related disasters—wildfires, hurricanes, floods—continues to drive litigation targeting both public and private entities. In 2024, lawsuits were increasingly filed in response to catastrophic events, including the Maui wildfires, which devastated communities and underscored systemic vulnerabilities.  

Similarly, earlier this month, the town of Carrboro, North Carolina, file a complaint against Duke Energy, alleging that the utility’s failure to transition from fossil fuels to renewable energy has contributed to intensified weather events, such as flooding and storms, causing significant harm to local infrastructure and residents.  These cases focus on holding governments and corporations accountable for failing to adapt to foreseeable climate risks or mitigate their impacts. 

As courts wrestle with these issues, they are shaping a new era of accountability. Post-disaster cases bring the abstract reality of climate change into sharp relief, translating emissions data into the lived experiences of communities harmed. In 2025, we can expect to see more cases that address the human cost of climate inaction while pushing for systemic change. 

The Critical Role of Courts 

Courts have the ability to enforce accountability in ways that are direct, timely, and rooted in evidence. However, the power of courts to affect change depends on the conditions we create for them to act. This includes fostering robust scientific research, empowering communities to bring cases, and ensuring that legal systems are equipped to handle the complexities of climate litigation. Efforts to integrate science more effectively into legal arguments, help judges accurately interpret technical evidence, and improve access to justice for climate-vulnerable populations are all critical to building a resilient legal framework. Reach out to get involved in our expert working groups and engage in this work with us. 

The ICJ’s deliberations, the rise of climate-washing cases, and the focus on disaster liability all point to the transformative potential of litigation to address the climate crisis. But these legal battles are just one piece of the puzzle. They must be complemented by bold policy action, international cooperation, and a collective commitment to protecting future generations. 

2025 holds immense promise, but it also demands care, creativity, and persistence. While we are facing great challenges in the U.S. and around the world, courts have shown they can play a transformative role in shaping our collective response to climate change. As we look to the year ahead, let us renew our resolve to leverage every available tool—legal, scientific, and political—to combat the greatest challenge of our time. Together, we can create the conditions for a more just, sustainable future. 

Medical supplies airlifted to French Indian Ocean territory after Cyclone Chido leaves hundreds feared dead

• Explainer: Everything you need to know about Mayotte

The worst cyclone to hit Mayotte for 90 years has devastated the French Indian Ocean territory’s health services, leaving the hospital severely damaged and health centres out of operation, a minister has said.

“The hospital has suffered major water damage and destruction, notably in the surgical, intensive care, maternity and emergency units,” the French health minister, Geneviève Darrieussecq, told France 2 on Monday, adding that “medical centres were also non-operational”.

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As warmer winters melt the snow drifts that endangered Saimaa ringed seals use to raise their young, humans are giving them a helping hand

• Words by Phoebe Weston. Photographs by Samuel Bloch

Eight hours shovelling snow in -20C might not sound like the ideal day out, but a committed team of volunteers in Finland are working dawn to dusk building enormous snow drifts for one of the world’s most endangered seals.

The Saimaa ringed seal was once widespread across Finland but is now confined to Lake Saimaa in the south-east of the country, where just 495 of them remain.

Clockwise from top: volunteers check the suitability of the ice to build a snow cave under the supervision of Heikki Härkönen, coordinator at the Finnish Association for Nature Conservation; Riikka Alakoski, from the Finnish forestry agency inspects an artificial den; and records the location of a breathing hole (the image has been altered to obscure its location); a small den in the ice

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Experts express fear – and resilience – as they prepare for president-elect’s potential attacks on climate research

As the world’s largest gathering of Earth and space scientists swarmed a Washington venue last week, the packed halls have been permeated by an air of anxiety and even dread over a new Donald Trump presidency that might worsen what has been a bruising few years for science.

The annual American Geophysical Union (AGU) meeting drew a record 31,000 attendees this year for the unveiling of a slew of new research on everything from seismology to climate science to heliospheric physics, alongside a sprawling trade show and bouts of networking as scientists jostle to advance their work.

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I had read about how the rapid warming of the Arctic was upending the landscape and its people. Now I’ve seen it.

The president can still do a lot before he leaves the White House.

Stephanie Carrie gives tours and educates Angelenos on the importance of the urban forest – and how to improve it

On a recent Sunday morning, 25 Angelenos gathered under a large rusty leaf fig tree for a walking tree tour in a local Culver City park that was also playing host to an outdoor tai chi class as well as a group of yogis.

As we walked past Chinese elm trees, coast live oaks and Brazilian pepper trees, Stephanie Carrie shared the history of the city’s celebrated palm trees with a rapt audience. Many of today’s trees, planted in the 1930s, are approaching the end of their lives – and while they have become symbols of the city, they also guzzle water, fueling calls to replace them with drought-resistant trees.

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The closest ski hill to Los Angeles recently sold to an investment group with big plans. But can those ideas work amid catastrophic climate threats that continue to plague the mountain?

The man behind Amy and Senna has turned his attention to ‘techno-authoritarianism’ in the genre-defying 2073. He talks to our journalist – one of the movie’s unlikely stars – about the events that fed his dystopian vision

It was some time in the early 2000s and Asif Kapadia, already a successful film director, a wunderkind whose first feature in 2001, The Warrior, won the Bafta for outstanding British film, was travelling back from New York.

“There’s a beautiful, gorgeous sunset over Manhattan. I’m in a limo being taken to the airport. And I was taking photos of Manhattan because I was driving over Brooklyn Bridge and it’s just all so cinematic and I became subconsciously aware of the driver watching me in the rear view mirror.

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Despite a clever comms strategy, there are significant credibility issues around the assumptions on which the cost estimates are based

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The Coalition has moved a considerable way on climate and energy since Scott Morrisson brought a lump of coal into the parliament and told us not to be afraid. On Friday, the Coalition finally released the long-awaited details of the nuclear plan it will take to the election and, once again, asks us not to be afraid – of the price tag, the higher climate pollution and a range of other variables.

However, despite a clever comms strategy, there are significant credibility issues around the assumptions on which the cost estimates are based, and there are other critical issues that have been left unanswered. Australians have a right to consider all the issues they are being asked to vote on, with facts rather than political rhetoric. These issues can be broadly listed under three headings: the economics, the environment and the law.

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Nicki Hutley is an independent economist and councillor with the Climate Council

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The fall of Assad in Syria, protests in Georgia, the Franklin Fire in Malibu and the reopening of Notre-Dame de Paris: the past seven days as captured by the world’s leading photojournalists

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California and 11 other states want to halt the sale of new gas-powered cars by 2035. President-elect Donald Trump is expected to try to stop them.

The justices agreed to decide whether industry groups have suffered the sort of injury that gave them standing to sue over an unusual waiver.

New export terminals have reignited a generations-old debate over identity and environmental stewardship.

Every farm, even the scenic ones with red barns and rolling hills, is a kind of environmental crime scene, an echo of whatever wilderness it once replaced.

Amid Italian island’s worst drought, towns such as Troina are fighting for survival as supplies run dry and tensions rise

An ancient Sicilian proverb goes like this: “When water to two fountains flows, one will stay dry – that’s how it goes.” The residents of the small town of Troina in the heart of Sicily, struck by a long and unprecedented drought, perhaps understand its meaning better than anyone else. When authorities decreed that the little water left in their dam should be shared with the villages of another province, they took action, and, on 30 November, occupied the distribution centre of the reservoir, blocking access.

“It’s a war between the poor; we are aware of it,” says Salvatore Giamblanco, 66, owner of a bed and breakfast in Troina. “But we had no other choice. The dam is drying up. We have difficulty finding water for ourselves. I had to cancel numerous reservations due to the lack of water. If we also have to share what little we have with other towns, we will all be left dry.”

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An annual gathering of scientists this week offered a glimpse into the latest efforts to answer some of the most intriguing questions about our warming planet.

About four million common murres were killed by a domino effect of ecosystem changes, and the population is showing no signs of recovery, according to new research.

Chris Wright, Donald Trump’s pick for energy secretary, says oil, gas and coal are key to solving global poverty. Some call that misleading.

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• John Pesutto defies calls to resign after being ordered to pay $300,000 for defaming Moira Deeming
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News bargaining code announcement expected today

The youth minister, Anne Aly, spoke with ABC News Breakfast just earlier ahead of the news bargaining code announcement, expected today.

What I can say is that the government believes that journalists should be fairly compensated for the work that they do, that there is a current regime in place but that’s not working. And so that’s why the government has turned its attention to updating this code and ensuring that social media companies pay for the news that they use as content on their platforms.

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