Climate change lawsuits targeting energy companies face growing obstacles as recent developments cast doubt on their legal and scientific basis. Key scientific models forecasting severe global warming impacts were recently labeled “implausible” by the U.N.’s Intergovernmental Panel on Climate Change (IPCC), undermining the predictions that often support such litigation.
On the legal front, New Zealand’s government took a decisive step by outlawing climate lawsuits, arguing that these claims introduce uncertainty and deter investments in the energy sector. The Justice Minister emphasized that courts are ill-equipped to handle the complex environmental and economic issues central to climate change, asserting that policy decisions should remain with elected officials rather than through tort claims.
These developments come amid a global surge in climate litigation, with nearly 3,000 cases filed worldwide since the mid-1980s. The United States leads with the highest number of lawsuits, followed by Australia, the United Kingdom, and Brazil. Despite the increasing number, experts note a shifting legal landscape that challenges the viability of these cases.
Additional recent changes include the removal of climate science chapters from judicial manuals by the Federal Judicial Center and the Environmental Protection Agency’s reevaluation of the 2009 Endangerment Finding, a critical regulatory basis for emissions control. Together with the IPCC’s retirement of its most extreme climate models, these actions reshape the evidentiary terrain climate litigators must navigate.
This fall, the U.S. Supreme Court will consider the case of Suncor Energy v. Boulder County, which could establish a precedent on the role of courts in adjudicating claims that fossil fuel companies caused public nuisances through greenhouse gas emissions. Energy advocates argue that such decisions should be made through legislation and regulation rather than litigation, portraying lawsuits as attempts to circumvent democratic processes.
Despite criticism, the United Nations Environmental Program recognizes climate litigation as an influential tool for driving global climate accountability. However, recent judicial and political developments illustrate growing resistance to expanding courts’ roles in shaping climate policy.