The Rise of Climate Litigation

In this CLX webinar, Ian Fry discusses how climate litigation can advance corporate accountability and address loss and damage, while examining barriers to justice, the rights of environmental defenders, and legal protections for future generations.

In October 2023, Ian Fry, the first U.N. Special Rapporteur on the promotion and protection of human rights in the context of climate change, presented a report to the U.N. General Assembly examining climate legislation, litigation, and intergenerational justice. The report asks how governments can better reflect human rights in climate laws and constitutions, what prevents affected people from bringing cases, and how the law can protect future generations.

Following the report’s presentation, CLX’s César Rodríguez-Garavito spoke with Fry about the growing role of courts in climate action. They discuss how litigation can complement international negotiations, particularly where progress on climate finance and loss and damage has been slow. Fry also considers lawsuits that seek to hold corporations accountable for their climate activities and public claims, alongside cases challenging government inaction.

The conversation examines the practical barriers to pursuing these cases. Legal costs, rules about who can bring a claim, language barriers, and difficulties presenting climate science can all limit access to courts. Fry calls for better resources for judges and stronger support for communities in regions where climate litigation remains less developed.

Fry also looks beyond the courtroom. He discusses threats to environmental human rights defenders, the rights of people displaced by climate change, and the human rights implications of sourcing minerals for clean technologies. Throughout the conversation, he returns to a central question of his report: how climate laws and legal action can protect people experiencing harm now while recognizing the rights of future generations.

Highlights

What is this webinar about?

In this CLX webinar, César Rodríguez-Garavito speaks with Ian Fry, then UN Special Rapporteur on human rights and climate change, about the rise of climate litigation. Their conversation draws on Fry’s report addressing environmental rights defenders, climate legislation, litigation, and intergenerational justice. (Around 1:30–5:10)

How can climate litigation complement international climate negotiations?

Fry describes negotiations as a slow route to stronger climate action, particularly on funding for loss and damage. He sees litigation as another way to press governments and companies to meet their responsibilities, including responsibilities that may not be addressed through negotiations alone. (Around 5:20–7:00 and 39:15–42:45)

Why does Fry emphasize litigation against corporations and their directors?

Fry notes that many earlier climate cases challenged government inaction. He identifies corporate responsibility, including companies’ fossil fuel investments, climate claims, and the duties of board directors, as an important area for further litigation. He presents the question of directors’ personal responsibility as a developing legal issue, rather than a settled outcome. (Around 7:00–8:55)

What role could litigation play in addressing climate loss and damage?

Fry discusses whether legal claims could help communities and countries recover some of the costs of climate impacts, including damage and adaptation expenses. He points to the Torres Strait Islanders’ case before the UN Human Rights Committee while emphasizing the scale of costs borne by countries already experiencing climate harm. (Around 9:40–12:25)

What barriers make climate litigation difficult to pursue?

Fry identifies legal costs, rules about who can bring a case, difficulties proving causation, and uneven judicial understanding of climate science. He also discusses language barriers for Indigenous communities and the risk of retaliatory legal action against advocates. He recommends resources to help judges understand the links between climate change and human rights. (Around 12:25–16:55)

What does Fry mean by intergenerational justice?

Fry asks how legal systems can recognize and protect the rights of future generations. He distinguishes that goal from general references to intergenerational equity, which have appeared in international agreements for decades but have not always translated into enforceable rights. In the webinar, he discusses constitutional approaches, the Maastricht Principles, and his proposal for a UN General Assembly resolution. (Around 21:10–23:30)

Whose rights should climate action and the energy transition protect?

Fry calls attention to threats facing environmental human rights defenders and to barriers that prevent affected communities from shaping climate decisions. He also discusses human rights concerns in the sourcing of minerals for clean technologies and the need to support people whose livelihoods are affected by the transition. He argues that disadvantaged communities should have a meaningful role in decisions about mitigation, adaptation, and loss and damage. (Around 24:10–27:20, 32:45–35:15, and 44:20–53:20)

Who is this webinar useful for?

The conversation is useful for climate litigators, human rights advocates, researchers, policymakers, and students examining how courts can address climate harm. It is especially relevant to those working on corporate accountability, loss and damage, access to justice, and the rights of future generations.

Can I cite or reference this resource in my own work?

Yes. CLX resources are open-access and may be cited with attribution. If you plan to reproduce substantial portions of the text or figures, please reach out to our team first.

Is this resource peer-reviewed?

Reports and working papers go through internal review by CLX researchers and, where noted, external subject-matter experts. Educational materials and commentary are reviewed for accuracy but are not formally peer-reviewed academic publications.

How current is the legal analysis in this resource?

Climate litigation moves quickly, and case law referenced here reflects the state of play at the time of publication. Where a resource is part of an ongoing series or learning kit, later installments may reflect more recent developments.

Can I use this material for teaching or training?

Absolutely — many of our resources, including learning kits and video series, are designed for classroom and clinic use. Non-commercial educational use is encouraged; contact us for permissions on commercial training programs.