As our planet confronts escalating temperatures and increasingly frequent and severe climaterelated disasters, environmental law is dynamically evolving to meet these pressing challenges. In this light, a new legal frontier has surfaced: climate change litigation. This form of litigation, encompassing legal disputes linked to the causes and ramifications of climate change, has the potential to shape environmental policy, corporate behaviour, and public perception surrounding climate change.
Prominent cases
Globally, climate change litigation has been employed as a tool to hold governments and corporations responsible for their role in contributing to climate change. Prominent cases such as the Urgenda case in the Netherlands, wherein the Dutch Supreme Court ordered the Government to reduce greenhouse gas emissions, and the Juliana v. United States case in the US, where young litigants sued the federal government for its role in perpetuating climate change, have set the stage for the global rise of climate change litigation.
The Indian context India boasts a comprehensive legal framework for environmental protection, inclusive of several pivotal legislations and principles. The Constitution guarantees the right to a healthy environment as part of the right to life under Article 21, while Article 48A mandates the state to safeguard and enhance the environment. Various environmental laws provide a regulatory scaffold to control and mitigate environmental damage.
Yet, when it comes to climate change litigation in particular, India is still in the initial stages. Climate change cases often necessitate addressing global emissions and their repercussions, rendering them legally complex. The National Green Tribunal (NGT) has jurisdiction over all environmental matters, playing a critical role in resolving environmental disputes, and ensuring swift and effective disposal of cases.
One significant landmark in India’s environmental jurisprudence is the MC Mehta vs. Union of India case. In this instance, the Supreme Court acknowledged the principle of intergenerational equity, affirming the state’s role as trustee of natural resources for future generations.
In light of severe air pollution in the Delhi-NCR region, the Supreme Court has taken an active stance. Despite these developments, there are multiple challenges to climate change litigation in India, which include establishing locus standi, proving causation, and grappling with the complex technicalities linked to climate science.
Legal landscape
Nevertheless, with an evolving legal landscape, coupled with growing public awareness and activism, there is an indication that climate change litigation in India is poised for expansion.
Interdisciplinary approach: Given the multifaceted nature of climate change, an interdisciplinary approach incorporating insights from environmental science, economics, and political science can bolster legal strategies, aiding courts in comprehending the multifaceted nature of climate change.
NGOs and civil society: NGOs and civil society play a pivotal role in climate change litigation. Their efforts range from initiating lawsuits and mobilising public opinion to providing expert testimony.
Social inequities: Climate change impacts are disproportionately borne by marginalised and indigenous communities, exacerbating existing social inequities. Therefore, the climate litigation could serve as a powerful instrument to address these disparities.
Youth activism: Around the world, young individuals are progressively spearheading climate litigation efforts, a trend that is gaining traction in India.
Economic consequences: Climate litigation can impose significant economic implications. For businesses, potential liabilities could incentivise a transition towards sustainability. On a broader scale, it could influence investment flows.
Conclusion
As climate change impact intensifies, the judiciary’s role in enforcing climate action is set to evolve continually. Although fraught with challenges, climate change litigation holds immense potential as a tool for environmental justice and climate action. In the Indian context, the development of this new frontier of environmental law invites a reimagining of legal strategies, judicial approaches, and the role of law in society.
