This summer may go down as the hottest in 100,000 years, and if anything has become clear, it is that the world’s efforts to slow climate change have not been sufficient.
That inaction has left many climate activists and advocates with one remaining option to get world leaders’ attention: sue.
This week the United Nations released its survey on the state of climate litigation around the world to take stock of how those efforts are going, and what they might accomplish in the future.
The good news is that across the world, climate lawsuits are on the rise. In 2017, the report only found 884 climate cases in 24 jurisdictions. Those numbers have risen to 2,180 and 64, respectively. The majority of those cases are taking place in the Global North, but claims in the Global South, where impacts are being felt most immediately, are also growing.
That paints a promising picture for climate litigation, which is gaining legitimacy in court systems that have often steered clear of approaching what seemed like a far-away problem. Here we dive into a reality that could prove to be a little more complicated.
The United States, long famous for its lawsuit culture, is currently in the best position to deliver results for climate action in court.
Of the 2,180 global climate cases tracked by Columbia University’s Sabin Center for Climate Change Law through the end of last year, more than 70% were based in the United States.
The legal system that brought you classic disclaimers such as “contents hot” on coffee cups has heard 1,522 different climate litigation cases since 2017, making it far and away the most active country for climate lawsuits.
After the United States, Australia, the United Kingdom and Canada round out the top five countries with Germany just ahead of Canada. lead in climate lawsuits with 127, 79 and 34 cases, respectively.
Many factors are likely contributing to this trend, but one of them may be the legacy of the English legal system. The U.S., U.K., Canada and Australia each use the common law system, which grants more wide-ranging authority to courts to make policy changes than in civil law systems that are common in Europe and Latin America.
The common law structure doesn’t make court cases more likely to succeed in court, but it means plaintiffs can accomplish more direct, binding changes through lawsuits when other branches of government fail to act.
Legal arguments for climate rights have led to some groundbreaking victories in the last three years.
One such case was Daniel Billy and others v. Australia.
The Torres Straight Islanders represented a group of activists who live in the low-lying Torres Straight Islands off of Australia’s northern coast who claimed that sea-level rise is interfering with their right to enjoy their culture and be free from “arbitrary interferences” in their private lives and homes.
The United Nations Human Rights Committee found that by taking insufficient action to reduce its emissions, the Australian government was indeed infringing on the islanders’ rights. Australia was until recently a climate pariah on the global stage, with its former Prime Minister defiantly promising to build more coal power.
The Torres Straight Islanders case represented two firsts in international climate law. It was the first time a United Nations body found that a country’s inaction on climate change constituted a violation of human rights, and the first ruling that affirmed indigenous rights were uniquely at risk from climate change.
Wins like the have come at the same time that exasperating losses which point to the shortcomings of some long-standing legal doctrines to adequately address a new climate reality.
In 2021, the Court of Justice of the European Union (CJEU), rejected a climate rights case brought by 10 families from across the globe in Armando Ferrão Carvalho and Others v. The European Parliament and the Council, known as “The People’s Climate Case”.
The Ferrão applicants came from the tourism and agricultural industries in countries spanning from Portugal to Fiji. They challenged the European Union’s climate policy goals in court, arguing they didn’t go far enough to adequately protect their livelihoods and human rights from the impacts of climate change.
Their case rested on an appeal to expand a legal doctrine known as the “strict standing test”. The test dates back to a 1963 case lodged by German clementine importers, and says that applicants need to show “an individual concern particular to them or their group” in order to have their claim considered by European courts.
The CJEU rejected the Ferrão case on the grounds that, since climate change impacted the entire world, not just a particular group, that they could not prove the EU’s actions harmed them individually, and therefore had no grounds to sue.
Yes, that’s right: you can’t sue Europe for destroying your livelihood because Europe may have contributed to destroying everyone’s livelihood.
Aside from conflicting with common sense, the decision creates a problem for future European climate litigation. According to the report, the CJEU’s approach “prevents individuals and environmental groups from challenging European Union law measures of general application, even when human rights are affected.”
The report also highlights emerging trends in climate lawsuits, such as the use of attribution science to prove damages from climate change.
In 2020, the Natural Resource Defense Council used attribution metrics to persuade a Washington, D.C. district court that it could sue for damages from climate change. The case dealt with the impact of hydrofluorocarbons (HFCs) and was a novel approach to gain legal standing in a climate case.
The Natural Resource Defense Council is currently looking for more talent to help pursue innovative climate cases like these. They are hiring for 50 roles around the United States, and two in China, on Climatebase.
Environmental law nonprofit Earthjustice made headlines earlier this year when it sued the Biden Administration to stop the Willow oil project in Alaska’s Western Arctic region. They are currently hiring for 99 positions across the United States.
Check out some of the latest featured jobs below. If you don't see anything that speaks to you, you can always go to Climatebase to explore thousands of other opportunities.
“PowerDash is on a mission to facilitate the transition to renewable energy by enabling stakeholders to realize the value of their renewable energy systems. We provide a web application that our customers use to monitor and manage their energy systems, in addition to acting as an independent verifier for the reporting of RECs (Renewable Energy Certificates) and SRECs (Solar RECs). As ...”
“Founded in 2021 as a public benefit corporation, pulsESG the “Enterprise Sustainability Platform”, is a well-funded Silicon Valley software startup. It is dedicated to empowering purpose-driven enterprises to manage and improve their environmental, social, and governance (ESG) and overall sustainability footprint with an integrated, comprehensive, flexible, and innovative technology platform built for compliance, tracking, and insight. We are well funded, ...”
New Climate Ventures Stealth Co
“New Climate Ventures (NCV) is a venture capital firm specializing in investing in early-stage decarbonization companies. NCV is incubating a climate technology startup, which is currently in stealth mode. Our mission is to unlock a new financing vehicle for the entire climate tech industry, by making it dramatically easier for companies to generate + sell carbon credits. ...”
Americans for a Clean Energy Grid
“ACEG’s mission is to educate all Americans to the critical importance of expanding, modernizing, and integrating the high-capacity transmission grid in order to achieve greater security, reliability, affordability and sustainability of electric power service in the United States. ...”
“At QuitCarbon, we help homeowners gain the confidence and wherewithal they need to electrify their homes - and we help contractors grow their businesses by being part of the clean energy transition. We combine data and software with partnerships and purpose to drive amazing results. Our first “automated planning + managed marketplace + trusted advisor” offering is available across California (for ...”
“For over 20 years, David Gardiner and Associates has worked to catalyze global decarbonization through strategic advisory services. By leveraging decades of practical experience and thought leadership, we provide our clients with tailored research and analysis, long-term strategic planning, and advanced communications through stakeholder engagement and alliance building. We continue to foster effective partnerships with nonprofits, trade associations, and corporations ...”
“Nature Coatings is a biochemicals startup turning wood waste into the world's first 100% bio-based, certified and carbon negative black pigment that can be used in textiles, auto, paint, ink and more. Our pigment is a direct replacement for petroleum-based carbon black pigment and is adopted by brands all over the world. Our vision is to create a future where the ...”
“Jobs to Move America is a strategic policy center that works to transform public spending and corporate behavior using a comprehensive approach that is rooted in racial and economic justice and community organizing. We seek to advance a fair and prosperous economy with good jobs and healthier communities for all. ...”
“FUSE is a national nonprofit working to expand social and economic opportunities, particularly for communities that have been limited by a history of systemic and institutionalized racism. FUSE partners with local governments and communities to more effectively address pressing challenges by placing experienced professionals within city and county agencies. These FUSE Executive Fellows lead strategic projects designed to advance racial ...”
“SoftBank Group Chairman Masayoshi Son started SB Energy to deploy renewable energy at the scale required to combat climate change. Today, SB Energy is a leading Climate Infrastructure and Technology Platform headquartered in the San Francisco Bay Area and backed by SoftBank Group Corp and funds managed by the Infrastructure and Power strategy of Ares Management Corporation. SB Energy develops, ...”
“Climable is a small, women-run nonprofit located in the Boston area. We promote energy democracy and climate resilience, empowering people to reduce the harmful impacts of climate change in their communities. Climable works with environmental justice (EJ) communities, which are neighborhoods predominantly populated by people of color or people living below the poverty line who experience disproportionate impacts from environmental ...”
“Climate Now is a multi-platform resource on the science of climate change, covering the key scientific theories underpinning our understanding of how and why the climate is changing; our global energy system and the emissions we produce; the various approaches to addressing and reversing climate change and their respective costs; policy opportunities and pitfalls; energy and climate-related technologies; and other ...”
“Wunder was founded with one simple vision: to address the greatest crisis of our generation by accelerating the proliferation of solar energy. Members of our team have raised hundreds of millions of dollars in private equity, developed innovative energy infrastructure solutions for the Department of Energy, and built digital products that are used and loved by millions of people. Now, ...”
“VitroLabs, founded in 2016 and headquartered in Milpitas California, is a biotech company developing a scalable tissue engineering platform for the efficient and environmentally friendly production of leather from only a few cells. Combining advanced tissue engineering processes with proprietary advances to achieve commercial scale, VitroLabs is on a mission to produce cell cultivated leather that achieves the look, feel ...”
“Angaza creates technology for selling life-changing products, such as solar + battery home energy systems, on payment plans in off-grid regions across Africa and Asia. We've reached millions of people who now have electricity for the first time. ...”
“Agriculture has the power to reverse climate change. At Regrow, we believe that transforming agriculture systems is the single most important thing we can do to combat climate change — and we believe that science and technology can help us get there. Our software enables us and our partners to transform farming, food systems, and the future of our planet. Regrow combines ...”
“Sealed is a climate tech company on a mission to stop home energy waste and electrify all homes. Sealed designs, manages, and finances home weatherization and electrification projects, making it easy and affordable for people to be more comfortable while using less energy. Our proven holistic approach can reduce energy use by 50% and takes a home completely off of fossil ...”
“Pendulum is a venture-backed AI company focused on addressing the global need to do more with less. Pendulum AI-driven supply chain solutions forecast demand, optimize supply and geolocate - continuously improving on their own. The first major investment in AI by the Bill & Melinda Gates Foundation was in Pendulum; today our technology works for customers across 10+ countries – ...”
That's it for this week! Remember, you can always view thousands of more jobs on Climatebase.org.
Final reminders...
👋 Get discovered. Create a profile to have employers hire you.
🚀 Accelerate your climate career. Apply to join the Climatebase Fellowship.
🌱 Hiring? Post your jobs to reach over 200k monthly users users and over 70,000 newsletter readers
❤️️ Share a link to this week's edition
🐦 Let's connect! Follow us on Twitter @Climatebase, and our co-founders @evandhynes and @jhardin925
In today's edition of This Week in Climate, we dive into the new Global Carbon Project report on methane and how climate tech is trying to tackle the problem.
A new report shows that climate policies alone aren’t enough to move the needle on climate change.
We sat down with Will Wiseman, the CEO and co-founder of Climatize, a climate tech start-up that offers an innovative way for everyday people to invest in real-life solar projects. Here's how the company is working to democratize climate technology.
In today's edition of This Week in Climate we take a look at the exponential growth in clean energy jobs in the past two years.
In today's edition of This Week in Climate we dive back into legislation and climate cases that are hung up as a result of the Supreme Court's rulings.