New This Week in the Climate Court Climate Litigation Database (Oct. 7)
- Loes van Dijk
- Oct 7
- 3 min read
This week, the Climate Court Climate Litigation Database has been updated with several major case analyses that reflect the fast-evolving landscape of global climate law. From youth-led constitutional challenges in the United States to Supreme Court rulings in the Philippines and Europe’s most consequential human rights climate decision, these uploads show how courts are reshaping the boundaries of climate accountability.
All full-length case summaries, filings, and expert commentary are available exclusively to subscribers.
1. Lighthiser v. Trump
One of the most closely watched constitutional climate cases in the United States, Lighthiser v. Trump, is a youth-led lawsuit challenging three executive orders that expand fossil fuel production and dismantle federal climate programs. The plaintiffs, twenty-two young Americans, allege violations of their fundamental constitutional rights to life, liberty, and personal security.
The case raises core questions about presidential authority, energy emergency powers, and the constitutional right to a stable climate system. It has already produced extraordinary hearings featuring top climate scientists and pediatric health experts, and could redefine the limits of executive power over climate policy.
2. ICJ Advisory Opinion on Climate Change (2025)
The International Court of Justice’s Advisory Opinion on Climate Change, requested by the UN General Assembly, marks a historic step in international climate law. The Court clarified the obligations of States to prevent significant harm to the climate system, grounding them in treaty law, customary international law, and human rights law.
It affirmed that States have due diligence duties to reduce greenhouse gas emissions, cooperate internationally, and protect the human right to a clean, healthy, and sustainable environment. The opinion also confirmed that States may be held responsible for failures to prevent climate harm, recognising climate obligations as erga omnes, owed to the entire international community.
3. The Philippine “Carless People” Petition (Supreme Court of the Philippines)
In a novel environmental rights case, a coalition of citizens, parents, and environmental advocates sought to compel the Philippine government to implement the Road Sharing Principle, an initiative aimed at transforming national transport infrastructure to prioritise walking, cycling, and public transit.
The petition invoked the writs of kalikasan and continuing mandamus, arguing that government inaction violated constitutional and statutory environmental obligations. The Supreme Court ultimately dismissed the petition, emphasising the boundary between policy discretion and ministerial duty. Still, the case stands as a key precedent on the procedural limits of judicial enforcement of climate-related policies.
4. Verein KlimaSeniorinnen Schweiz and Others v. Switzerland (European Court of Human Rights)
In a groundbreaking judgment, the European Court of Human Rights (ECHR) recognised that inadequate state action on climate change can breach the right to private and family life under Article 8 of the European Convention on Human Rights.
The Court found Switzerland in violation of its obligations for failing to adopt sufficient climate measures to protect the health and well-being of older women, represented by the association KlimaSeniorinnen Schweiz. The decision establishes new jurisprudence on climate vulnerability, intergenerational justice, and state responsibility under human rights law, and will likely influence courts and policymakers across Europe and beyond.
5. Milieudefensie et al. v. Royal Dutch Shell plc
Following the 2021 District Court judgment, the Court of Appeal reaffirmed that major corporations have a legal duty of care to prevent climate harm. The court drew on human rights principles, EU climate law, and global precedents to emphasise that corporate responsibilities extend to Scope 1, 2, and 3 emissions. This decision continues to shape global climate accountability discussions, reinforcing that large emitters cannot rely solely on voluntary targets.
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