Australia tops world in climate litigation

afr.com:

Australia is the most prolific country in the world per capita for climate change litigation, according to a United Nations report that has lauded the activist role of youth and Indigenous groups.

By the end of last year, 127 cases had been filed locally since 1990 – well behind the US (1522) but some way in front of Britain (79) and the European Union (62).

However, the Global Climate Litigation Report: 2023 shows Australia leads on a per capita basis. The US figure works out to about 4.6 lawsuits per million people, compared with 4.8 per million for Australia.

“People are watching”: Dennis Tipakalippa and other Tiwi Islanders protesting against the Barossa Gas Project  Rebecca Parker/ECNT

Australia’s tally rose from 80 in 2017 to 97 in 2020 before a big jump over the past three years. It outstripped the steady global increase from 884 cases in 2017 and 1550 in 2020.

Climate change cases are defined as those that “raise material issues of law or fact relating to climate change mitigation, adaptation, or the science of climate change… before a range of administrative, judicial, and other adjudicatory bodies”.

Allen & Overy partner Mark van Brakel said “more noise is being made in the courts with every case brought – and the courts are surprisingly receptive”.

“ESG-focused groups are pursuing their goals through funding groups who can access other avenues of challenge, broadening the scope for disruption to projects,” Mr van Brakel said.

“People are watching and listening, and meaningful change in the law is starting to occur.

“Australia is the second most litigious jurisdiction in the world for climate change, so we can expect litigation and regulatory activity to increase, with several pending test cases and ASIC