Welcome to another week of Shaken Not Burned! 

There are many ways to take climate action: one of these involves going to court. An increasing number of groups worldwide are driving change through legal means, in a process commonly known as climate litigation. The strategic use of the law is a powerful and increasingly essential tool in the global effort to address climate change.

Some landmark cases have led to policy reforms or court-ordered emissions reductions, influencing broader societal and economic change. Many climate lawsuits are based on violations of human rights – especially for communities disproportionately affected by climate impacts (e.g., rising seas, droughts). So litigation provides a path for vulnerable populations to seek justice and compensation, especially in the Global South.

Even if courts rule against environmentalists’ claims, bringing a climate case to court raises awareness among the public and can set precedents for future lawsuits. But what does it mean for companies? Lawsuits targeting greenwashing, financial disclosure, and fiduciary responsibility are pushing companies to be more transparent and responsible. The threat of legal action can also encourage better corporate governance and investment in climate solutions.

We explore this topic in this week’s episode with Zaneta Sedilekova, director of climate and nature risk at Planet Law Lab. In conversation with co-host Giulia Bottaro, they unpack the definition of climate litigation, how this trend has grown in the last few years, and the role of citizens in keeping governments and corporations accountable.  

The conversation also touches on high-profile cases – one of which, Saúl Luciano Lliuya vs RWE, is due a decision on 28th May. This landmark case is the first one where an individual, a Peruvian farmer named Saúl Luciano Lliuya, is claiming damages against the German energy giant RWE for historical emissions, which in turn are behind the risk of floods in his town.

While fear of greenwashing accusations can push companies into silence on sustainable actions (a phenomenon called “green hushing”), Zaneta argues that doing the right thing rarely lands anyone in court. She sees green hushing not as failure, but as a natural phase in the transition, where businesses quietly work out their climate strategy before going public.

Reading materials:

• Global trends in climate change litigation: 2024 snapshot

• Strategic climate litigation: not always securing successful judgments, but is it achieving a broader objective?

• Climate-related litigation: recent trends and developments

• The rapid rise of greenwashing litigation

• ‘Green hushing’ on the rise as companies keep climate plans from scrutiny

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