The Evolving Landscape of Climate Litigation: What Companies Need to Know
In recent years, climate-related legal actions have surged, challenging companies worldwide over their environmental impact. As climate accountability becomes more pressing, businesses face a complex web of legal responsibilities and strategic decisions.
According to the latest report from the Grantham Research Institute at the London School of Economics, there have been 249 new climate cases filed in 2025, increasing the total number of such cases to over 3,600 since 1986. Notably, 75% of these cases have emerged in the past decade, underscoring the growing focus on climate accountability.
Key Trends in U.S. Climate Litigation
The United States continues to lead in climate litigation, with 151 new cases recorded in 2025, raising the total to 2,078. Several significant trends are shaping the current legal landscape:
- Tort Litigation Approaching Trials: Many climate cases initiated by states and localities are advancing towards trial. A pivotal case under review by the U.S. Supreme Court, Boulder County Commissioners v. Suncor Energy, could influence numerous active climate cases.
- Greenwashing Claims Persist: Despite a slowdown in new filings, greenwashing remains a prevalent issue, centering on misleading corporate statements about climate contributions and sustainability.
- Emphasis on “Do Nothing” Litigation: Legal strategies are shifting towards targeting companies lacking credible plans for reducing carbon emissions or continuing high-emission investments without social responsibility.
- Retroactive Liability Legislation: States like Vermont and New York are considering laws requiring oil and gas companies to contribute to state climate adaptation funds, leading to constitutional challenges.
- Federal Government’s Role: In 2025, the U.S. federal government actively intervened in climate litigation, seeking to block state laws deemed as unconstitutional interference with federal policy.
- Insurance Litigation Intensifying: Insurers are pursuing subrogation suits to recover payouts for climate-related damages, while homeowners litigate for compensation over rising insurance premiums linked to fossil fuel emissions.
The detailed report by the Grantham Research Institute provides further insights into these developments. Read the full report here.
“The United States remains the jurisdiction with the highest number of [climate change] cases: 151 new cases were recorded in 2025, bringing the total to 2,078.” www.lse.ac.uk/…
For more information, legal advice tailored to specific circumstances is recommended.
Original Story at www.mondaq.com