New research uncovers growing wave of legal challenges to climate action

A new study, led by Professor Annalisa Savaresi at the University of Stirling, has revealed a surge in legal challenges associated with climate policies and projects.

The research reveals that as a global push towards low-carbon futures gains momentum, people are increasingly turning to the courts to question whether climate policies are fair and just.

Read 'Conceptualising just transition litigation’ in Nature Sustainability.

The emerging trend of legal disputes challenging the fairness and justice of climate policies and projects, such as wind farms, biomass plants and dams, is described by the research team as ‘just transition litigation’.

In an article published in Nature Sustainability, experts from 16 institutions argue that while the low-carbon transition is essential, it can disproportionately impact vulnerable groups, including indigenous peoples, workers, and farmers.

Professor Annalisa Savaresi, an expert in environmental and climate change law at the University of Stirling, said: “The study conceptualises a phenomenon that has received limited attention. While much of the existing research focuses on high-profile strategic litigation aimed at speeding up decarbonisation, this study sheds light on lawsuits that challenge the fairness and justice of climate policies.

“Studying just transition litigation is important to uncover flaws in current approaches to climate action and to propose solutions that make climate policies more socially acceptable by ensuring fairness for all, especially for those disadvantaged by these changes.

“This study advocates for climate action that considers the justice concerns of vulnerable groups, seeking to ensure that the transition to a low-carbon economy is fair for everyone, not just a select few.”

The article ‘Conceptualising just transition litigation’ includes an example of just litigation in action, when the Sámi Indigenous People in Norway successfully challenged the construction of wind farms on their traditional herding pastures, illustrating its potential in protecting the rights of marginalised communities.

Professor Savaresi added: “Lawsuits like these exemplify the often overlooked and highly complex social dilemmas and policy conflicts that arise during the transition.”

The research introduces a new framework for understanding the justice claims of those affected by climate action, which can serve as a tool for mapping risks and preventing this type of conflict. The authors also call for expanded efforts in tracking these cases and analysing their impacts on law, governance, and society.

Professor in International Politics at the University of Stirling, Andrea Schapper, a co-author of the study, said: “There’s a significant knowledge gap due to a lack of systematic data collection on these legal disputes.

“While in recent years, much attention has been given to strategic litigation aimed at advancing decarbonisation - such as cases against companies or governments failing to reduce emissions - this study shifts the focus to lawsuits that challenge the fairness of climate policies and projects. Central to these legal disputes are issues such as the fair distribution of benefits and burdens from climate policies, the inclusiveness of decision-making processes, and the respect for the rights, identities, and cultures of marginalised communities.

“This understanding is crucial especially at a time when governments in the EU, UK and US are announcing plans to ‘cut the red tape’ and expedite the transition.”