Climate litigation increasingly reaching the highest courts around the world, report finds

Climate litigation, including those challenging fossil fuel projects, is more often reaching the highest courts around the world, according to analysis published today (25 June 2025) by the Grantham Research Institute on Climate Change and the Environment at the London School of Economics and Political Science.  

The authors of the world’s largest analysis of climate litigation identified 276 climate-related cases reaching apex courts – such as supreme courts and constitutional courts – across the world since 2015, with the United States accounting for the largest share. More than 80 per cent of cases have challenged governments, including two decisions in 2024 ordering state governments in the United States to undertake more ambitious climate action.  

Of the decided apex court cases up to the end of 2024, 44% of project-specific cases were decided in favour of climate action. New fossil fuel exploration in Europe came under increasing scrutiny by high courts in 2024, including influential supreme court rulings in the United Kingdom and Norway, the latter suspending North Sea oil field approvals.  

The authors also state that “political headwinds are changing the landscape of climate litigation globally, particularly in the US”. Of the 226 cases filed globally in 2024, 60 cases were classified as involving an argument not aligned with climate goals. Many of these cases challenge the authority of governments to pursue a proposed climate policy, or represent an “ESG backlash”. The authors predict increased litigation from multiple directions under the Trump-Vance administration, seeking to challenge or promote climate action. 

According to the report ‘Global trends in climate change litigation: 2025 snapshot’ based on data collected by the Sabin Center for Climate Change Law, almost 3,000 climate cases were filed up to the end of 2024, in nearly 60 countries globally, with cases identified for the first time in Costa Rica. The United States (1,899) is followed by Australia (164), the UK (133) and Brazil (131) in terms of the overall numbers of cases (up to the end of 2024).

The report also identifies more than 80 “polluter pays” cases filed between 2015 and 2024, including 11 in the past year. These cases seek monetary damages based on activities that contribute to climate change. Cases seeking compensation, based on a new methodology for calculating climate damages from illegal deforestation, were successfully awarded in Brazil. Although dismissed on evidentiary grounds, a recent ruling by the German court in Lliuya v. RWE also confirmed that companies can be held liable for their historical global emissions.  

Additionally, the authors found that around 20% of climate cases filed in 2024 targeted companies, or their directors and officers. The authors also confirm that “climate washing cases have remained as one of the most widely used strategies in corporate litigation in 2024”, noting a growing number targeting the use of carbon credits to offset emissions. Although many cases continue to be filed against companies in high-emitting industries, companies in the food, transport and fashion sectors and financial services that market themselves to sustainability-conscious consumers are also at risk of litigation. 

Joana Setzer, Associate Professorial Research Fellow at the Grantham Research institute on Climate Change and the Environment at the London School of Economics and Political Science, said: 

“We have seen over the past year not only a further maturing of climate-aligned strategic litigation to promote climate action but we have also recorded a rise in cases pushing back against climate action, which presents new challenges for politicians, businesses and climate activists.  

“The situation in the United States shows that litigation is a two-way street and can be used to help climate action and also to slow it down.”   

Catherine Higham, Senior Policy Fellow at the Grantham Research institute on Climate Change and the Environment at the London School of Economics and Political Science, said: 

“Governments and companies are increasingly having to consider the legal ramifications of pushing ahead with oil or gas projects, as they risk being dragged through the courts.  

“The broader impacts of climate litigation are becoming increasingly visible and well-documented. It is no longer a niche concern; it is increasingly seen as a financial risk.”