Lawsuits targeting ‘climate washing’ becoming more frequent

LONDON - Companies accused of misrepresenting their progress on tackling climate change are increasingly finding themselves the target of litigants, as activist groups look to hold some of the world’s worst polluters to account.

As many as 47 new climate washing cases were filed in 2023 against companies and governments around the globe, according to a new report from the London School of Economics’ Grantham Research Institute on Climate Change and the Environment.

Around 70 per cent of the cases concluded between 2016 and 2023 ended in the claimants’ favor, according to the report.

Regulators around the world have also been trying to clamp down on the climate washing. The annual report analyses a database of 2,666 climate litigation cases compiled by the Sabin Center for Climate Change Law at Columbia.

Litigation is a crucial part of the toolkit to force companies and governments to account for their climate promises and to galvanise action to slow global warming. Rulings in favor of claimants can have a far-reaching impact far beyond the specific case.

A landmark ruling from the European Court of Human Rights this year found that Switzerland failed to protect its citizens from the ravages of climate change, following a case brought by a group of elderly Swiss women.

Elsewhere, the UK government’s net zero strategy was found lacking for the second time by a London judge in May.

Over 2023 some 233 new climate-related cases were filed worldwide, with cases in the Global South gaining traction. A ruling by the Supreme Court of India established a new constitutional right to be free from the adverse effects of climate change.

“Whether climate litigation is advancing or hindering climate action remains difficult to determine,” said Catherine Higham and Joanna Setzer, the authors of the report. “Some types of cases, such as government framework cases, have already had lasting impacts on domestic climate governance.” BLOOMBERG