Why money matters when taking climate change to court

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Why money matters when taking climate change to court
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More and more climate battles are reaching the court-room, pulling in activists young and old, farmers, scientists, fossil fuel firms and even litigation investors looking to make a profit from a cut of climate damages awarded to their clients.

When Serge de Gheldere decided – along with a dozen other Belgian citizens – to take the government to court in 2014 alleging climate inaction, he didn’t imagine he would still be fighting the case in 2023 and with more than 70,000 co-plaintiffs.

Michael Burger, the Sabin Center’s director, said people resort to the courts “when other systems fail”. Many arguments are based on human rights, and four such cases have been opened in Europe this year alone – with citizens from Belgium, France, Switzerland and Portugal arguing that states have violated their rights by not doing enough to prevent global warming.

“We had some rich supporters giving us money every month, we did fundraisers, concerts. It was a huge undertaking,” said de Gheldere of the Belgian case which had cost almost 2 million euros by 2022. “You’re trying to change policy, so if you get that type of impact it doesn’t matter that you’re not getting financial compensation,” said Joana Setzer, assistant professorial research fellow at the LSE’s Grantham Research Institute.But if those cases fail to drive greater action to rein in global warming, losses linked to climate change are predicted to surge – and could stimulate litigation for climate reparations.

This definition of major emitters is becoming increasingly broad, as a larger variety of companies are facing lawsuits including banks, pension funds and agricultural firms. Proponents of such litigation deals say the practice could democratise funding sources and increase access to climate justice.

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