By Obiabin Onukwugha
As the world grapples with the escalating impacts of climate change, an extraordinary legal battleground is taking shape.
This is so because there is a clear link between climate change and a range of human rights violations, including the right to life, health, food, water, and housing. In recent years, climate litigation cases have been initiated against governments and fossil fuel companies, with the aim of holding them responsible for their contribution to climate change and its effects on human rights.
As the world continues to experience the devastating impacts of climate change, the recognition of the relationship between climate change and human rights becomes increasingly important for present and future generations, both in the context of climate litigation and beyond.
At the heart of climate litigation are the key players who initiate legal action. These primary participants include governments, fossil fuel companies, non-governmental organizations (NGOs), and public interest groups. They all seek to hold one another accountable for their contributions to climate change and its impacts.
According to a report by ESGTheReport, governments are responsible for enacting climate change policies. This includes establishing emissions targets, formulating regulations, and offering incentives to businesses for decreasing their emissions. Examples of such policies can be seen in emissions targets and regulations. It can also be seen through incentives for businesses to reduce their emissions, and investments in renewable energy sources.
“However, governments can also be held accountable for not taking sufficient action to address climate change. These include not establishing emissions targets or not implementing existing regulations.
“As climate litigation cases continue to grow, governments are finding themselves under increasing scrutiny to take more action on climate change. Legal action can serve as a powerful tool to demand greater commitment from their governments in addressing the climate crisis,” the report noted.
It said that fossil fuel companies are increasingly being held accountable for their involvement in climate change. In the United States, for example, companies have sought to have climate litigation cases heard at the federal level. However, judges have repeatedly ruled against them. Notable climate litigation cases, such as Juliana v. United States, Urgenda Foundation v. The Netherlands, and Torres Strait Islanders v. Australia, have established critical precedents for holding governments and corporations accountable for their actions and omissions that contribute to climate change.
In Nigeria, several communities including Oruma, Ebubu-Eleme, Bodo, Goi, Ikot Adaudo, amongst others.
The potential implications of climate litigation on fossil fuel companies are far-reaching. Legal disputes can create financial strain, and reputational harm, and heighten social and political pressure on companies to address climate change. As awareness of the risks associated with climate change increases, fossil fuel companies may find themselves subject to greater scrutiny and liability.
Non-governmental organizations (NGOs) and public interest groups play a crucial role in driving climate litigation cases and raising awareness, especially in Nigeria and Africa. They have continued to drive campaigns that create awareness for communities and draw both local and international attention to the plights of oil producing communities. They have also held campaigns and protests during COPs.
NGOs in most cases, offer legal support, funding, and advocacy for plaintiffs, as well as engage in public campaigns, media outreach, and educational materials to increase public knowledge of climate change.
Recently, multinationals have been divesting their onshore assets in Niger Delta region of Nigeria without the prior knowledge or participation of host communities. The communities only came to be aware as a result of the campaigns kicking against the move by the NGOs.
The ESGTheReport mentioned that public interest litigation is essential in climate litigation cases, as it enables individuals and organizations to challenge government policies and corporate practices that contribute to climate change. Furthermore, public interest litigation helps to establish legal precedents that can be used to protect the environment in the future.
It pointed out that one of the key challenges in litigation is establishing causality, or the link between a defendant’s actions and the harm alleged. “Jurisdictional considerations also pose obstacles. Plaintiffs must ensure that the court has jurisdiction over the defendant and the subject matter of the case.
“Plaintiffs often encounter resistance and skepticism from defendants, who may challenge the legal basis of their claims. Despite these challenges, climate litigation has already made significant strides in holding governments and corporations accountable. It is likely that new legal strategies and approaches will continue to emerge as the field evolves,” the report continued.
It however stated that the growing trend of climate litigation presents numerous opportunities for climate action. By holding organizations accountable for their contributions to climate change, litigation can spur more ambitious climate policies and commitments. Moreover, the increased focus on climate litigation can lead to greater public awareness. This will engage on climate issues, further driving the demand for climate action.
The report further read: “Divestment from fossil fuels is a growing trend among investors. They seek to reduce their exposure to climate litigation risks and the negative impacts of climate change. By divesting from fossil fuels, investors can create financial strain on fossil fuel companies. This makes them more susceptible to climate change litigation.
“Moreover, divestment can lead to reputational harm and heighten social and political pressure on companies to address climate change. As public awareness of the risks continues to grow, the trend of divestment from fossil fuels is likely to accelerate. In turn, this will further amplify the impact of climate change on the fossil fuel industry.”
In 2025, it is expected that there will be landmark climate change litigations and decisions.
One of such expected decisions is the hearing of the plight of several small island nations helpless in combating the devastating impact of climate change that they feel endangers their very survival. They demand that major polluting nations be held to account.
The United Nations court took up the case, which has been described as the largest last December. It came several years after lobbying by island nations who fear they could simply disappear under rising sea waters. The U.N. General Assembly asked the International Court of Justice last year for an opinion on “the obligations of States in respect of climate change.”
