by Daniel Brouse
2016 to present
Litigation is emerging as a powerful force to drive the structural changes needed to address the climate crisis. Legal actions and legislative measures are advancing on two critical fronts:
- Against Oil Companies: Consumers and communities are filing lawsuits claiming they were misled about the dangers of burning fossil fuels, drawing parallels to tobacco litigation. These cases focus on allegations of fraud and misinformation regarding the environmental and health impacts of fossil fuel use.
- Against Governments: Children and youth worldwide are suing their governments, asserting that failure to act on climate change violates their fundamental human rights, including the right to a stable and healthy climate.
The oil industry faces mounting financial and reputational consequences similar to the tobacco industry's downfall, as courts recognize the industry's role in the climate crisis and its decades-long misinformation campaigns.
From Analogy to Reality
In 2016, the comparison between Big Oil and Big Tobacco was a projection. Today, it is reality:
- State attorneys general, cities, and counties are suing fossil fuel companies to hold them accountable for climate-related damages and deception, just as they did with Big Tobacco, which resulted in the 1998 Master Settlement Agreement that imposed financial penalties and advertising restrictions.
- These lawsuits argue that the oil industry knowingly misled the public and policymakers while privately acknowledging the devastating impacts of fossil fuel combustion on the climate.
Key Litigation Developments
- Massachusetts v. ExxonMobil: The Massachusetts Supreme Judicial Court allowed the Attorney General's lawsuit against ExxonMobil to proceed, alleging unfair and deceptive practices related to climate change communications with investors and consumers. (Read the case)
- Multnomah County, Oregon v. Big Oil: Filed in June 2023, this lawsuit seeks to recover the costs of climate-fueled extreme weather, including the deadly 2021 heat dome. (Read the case)
- California v. Big Oil: In September 2023, California sued major oil companies for decades of deception, demanding they pay for climate disaster recovery, health impacts from extreme heat, and infrastructure adaptation. (Read the case)
Children's Rights and Climate Litigation
Youth worldwide are driving a new wave of litigation demanding climate justice:
- In the Netherlands (Urgenda case), courts ordered the government to reduce greenhouse gas emissions by 25% by 2020, recognizing the violation of human rights due to inadequate climate action.
- In Held v. Montana (2023), a U.S. court ruled that blocking consideration of climate impacts in energy projects violated Montana's constitutional right to a clean and healthful environment.
- In September 2023, six Portuguese youth filed a lawsuit against 32 European governments, arguing insufficient climate action violates their rights to life and family under the European Convention on Human Rights.
Human Rights and Climate Inaction: Landmark European Ruling
On April 9, 2024, the European Court of Human Rights ruled in favor of a group of older Swiss women, declaring that Switzerland's inadequate climate policies violated their human rights. This was the first successful climate case before the court, setting a precedent for legal accountability across 46 European countries.
Holding Oil Companies Financially Accountable
- In May 2024, Vermont became the first U.S. state to enact a law requiring fossil fuel companies to pay for climate damages.
- In 2024, New York passed the Climate Change Superfund Act, mandating fossil fuel giants pay $75 billion over 25 years to help the state address climate-related damages.
Global Judicial Momentum
- In May 2024, the International Tribunal for the Law of the Sea ruled that greenhouse gas emissions are pollutants and that states have a legal duty to reduce them to protect the marine environment.
- In July 2025, the International Court of Justice (ICJ) issued a landmark advisory opinion declaring that states have binding legal obligations under international law to prevent and address climate harm, linking climate inaction to human rights violations and reinforcing global accountability frameworks. (Read the ICJ opinion)
The Road Ahead
Litigation is turning the climate crisis from a moral call to action into a legal imperative:
- For the fossil fuel industry: Financial, legal, and reputational risks are rising, making fossil fuels harder to produce, insure, and sell, accelerating the transition to cleaner energy.
- For governments: Courts are affirming that inaction on climate change violates fundamental human rights, forcing stronger climate policies and accountability for future generations.
- For communities: Legal pathways are opening for reparations and climate adaptation, offering hope to those most affected by climate change.
As lawsuits and court victories accumulate, climate accountability is no longer optional. It is becoming a requirement under law, creating pathways for justice and real-world action to protect the planet for current and future generations.
Original Paper on Climate Litigation