Climate Change Litigation Cases in Context

Author: Camille Cameron KC; Patricia Galvão Ferreira
Publisher: Edward Elgar Publishing
ISBN: 9781035343171
Published In: April 2026
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Contents

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This book provides a timely and detailed analysis of key climate change cases in domestic courts across the globe, examining the procedural, evidentiary, legal and strategic dimensions of the complex climate governance landscape. It reveals how, as the threats of climate change grow and as policy fails to respond, individuals and groups have increasingly been turning to national courts to seek relief and clarity through litigation.

Covering cases from across the Global North and South, chapters explore national, transnational and international implications of litigation. They highlight the diversity of cases and litigants turning to courts to assert, defend, or challenge climate-related duties, including youth, senior and Indigenous groups, as well as climate action NGOs. Expert authors assess the ways in which courts are being called on to hear and decide climate change claims, the strategies that litigants are adopting to advance their claims and the responses of governments, corporations and other defendants.

Researchers and students of environmental law, climate science, corporate liability and climate governance will benefit from this book’s valuable insights. It is also an essential resource for legal practitioners advising litigants in environmental and climate matters, as well as policymakers involved in climate law.

Foreword xii

The climate governance tightrope: novel strategies and the role of courts in climate change 1

Patricia Galvao Ferreira, Camille Cameron, and Riley Weyman

Mathur v Ontario: youth-led constitutional challenge to government climate policy lights the path to future recognition of climate rights in Canada 20

Erin Dobbelsteyn and Nathalie Chalifour

Lliuya v RWE – introducing polluter pays via transnational climate litigation? 50

Olaf Dilling and Romina Luz Schaller

Common law at the coal face: Smith v Fonterra and others 73

Vernon Rive

Centre for Oil Pollution Watch (COPW) v Nigeria National Petroleum Corporation (NNPC): locus standi and the emerging trends in climate litigation in Nigeria 105

Funmi Abioye

Human rights as procedural due process in climate mitigation policies: Verein KlimaSeniorinnen Schweiz v. Switzerland 127

Johannes Reich

A constitutional duty to deploy climate finance: PSB et al v Brazil (Climate Fund) 163

Gabriel Mantelli, Matheus Henrique Cano, Isabela Bicalho, and Marie-Louise Siemons

Held v Montana: climate science takes the stand 191

Jarryd Page and Helene Krasnoff

Misdzi Yikh v Canada: indigenizing rights-based climate litigation 219

Benjamin Ralston

10.

Promoting climate litigation via industrial law and policy? Chinese climate litigation in context 248

Mingzhe Zhu