This blog is part of a series linking climate change to various policy areas addressed by Scottish Parliament committees. The Equalities, Human Rights and Civil Justice Committee’s scope encompasses significant topics related to emissions reduction and climate adaptation. Here, we examine climate change litigation and its impact on civil law, along with exploring how the civil justice system intertwines with climate issues. A complementary blog discusses the links between human rights, equalities, access to justice, and climate participation.
Numerous countries, individuals, and groups have resorted to litigation to push for climate action. Research from Associate Professors de Vilchez and Savaresi shows the increasing invocation of the right to a healthy environment in climate litigation, enhancing the efficacy of human rights-based cases. They assert, “…evidence suggests that the right to a healthy environment has been invoked in an increasingly large number of climate cases… the recognition of the human right to a healthy environment seems to have contributed to the success of human rights-based climate litigation.”
Chatham House notes a notable rise in human rights-focused climate litigation, especially cases led by youth seeking justice for future generations. These legal challenges often centre on government inaction regarding climate commitments or strategies harming human rights. A recent judgement (Verein KlimaSeniorinnen Schweiz & Ors v. Switzerland) found Switzerland in violation of the European Convention of Human Rights due to inadequate climate action, emphasizing the special status of climate change as a global concern.
Rights-based cases have not only targeted states but also corporations. In Milieudefensie et al. v. Royal Dutch Shell plc, claimants demonstrated the unlawful nature of Shell’s emissions, resulting in a court order to reduce emissions by 45% by 2030. Although this ruling faced an appeal, the obligation to cut emissions was acknowledged, indicating a critical step in corporate climate responsibility.
Recent rulings show courts addressing the environmental impact of licensing activities. In 2024, Norway’s District Court invalidated petroleum licenses for neglecting downstream emissions. Similarly, the UK Supreme Court ruled that indirect greenhouse gas emissions must be factored into Environmental Impact Assessments (EIA), deeming previous approvals unlawful—a pivotal moment in climate litigation.
National climate strategies are also facing legal scrutiny in the UK. Successful legal campaigns by Client Earth and others revealed breaches of the Climate Change Act regarding government climate strategies. In Scotland, a letter from solicitors prompted the government to acknowledge shortcomings in investment assessments related to climate targets, resulting in the subsequent publication of a carbon assessment for infrastructure plans.
All public bodies in Scotland are mandated to align their operations with national emission targets, producing annual climate reports. The Scottish Courts and Tribunals Service’s latest report indicated emissions of 6,848 tonnes of CO2 equivalent for FY 2022/23. Their sustainability strategy, published in April 2024, outlines key commitments to reduce energy usage, generate renewable energy, and enhance adaptation measures against climate-related risks.
John Sturrock KC proposed in a 2021 blog that the civil justice system should strive to be carbon-neutral, advocating for less resource-intensive processes that efficiently resolve disputes while lowering carbon footprints. He raised significant questions on how legal bodies can foster sustainable dispute resolution, the advancement of online services, and insights gleaned from global civil justice systems.
This blog explores the relationship between climate change and civil justice in Scotland, highlighting examples of climate litigation and the operation of the civil justice system. It covers the invocation of the right to a healthy environment in legal actions, recent court rulings against states and corporations regarding climate responsibilities, and the commitment of public bodies in Scotland to reduce emissions. The Scottish Courts and Tribunals Service outlines a sustainability strategy, emphasising the need for efficiency and lower carbon outputs in civil justice.
In summary, climate change litigation is increasingly intersecting with civil justice, with various strategies being pursued to uphold the rights of individuals and protect the environment. The Scottish Parliament’s committees are reflecting this growing awareness by linking climate issues to areas of human rights and civil justice. Legal actions against both states and corporations demonstrate a rising movement towards accountability for climate inaction, showcasing the evolving role of law in climate advocacy. In Scotland, the civil justice system is urged to adopt sustainable practices while aligning with national goals for emissions reduction.
Original Source: spice-spotlight.scot
