Climate now touches every area of law

Since 2015, nearly 3,000 climate cases have been filed worldwide, targeting both governments and corporations for their role in the crisis.

Climate change is the defining issue of our time, requiring action at the local, domestic, and international level. Yet, the world remains off track to meet the Paris Agreement’s goal of limiting global warming to 1.5°C. 

In response to this failure, citizens and communities are increasingly turning to the courts to demand greater climate action. Since 2015, nearly 3,000 climate cases have been filed worldwide, targeting both governments and corporations for their role in the crisis. 

This momentum shows no sign of abating, with more than 226 new cases filed in 2024 alone. Through its 'Ireland for Law' initiative, the Government is seeking to position Ireland as a leading centre for international legal services — making it all the more vital that Irish courts and practitioners are equipped to navigate the growing wave of climate-related disputes. 

Climate litigation in Ireland gained prominence with the 2020 Supreme Court decision in Friends of the Irish Environment vs Government of Ireland, one of the first global rulings ordering a government to revise its climate plan. 

The case strengthened Irish climate law, though new challenges continue to test the adequacy of the State’s climate action on statutory and human rights grounds. Many of these actions are strategic efforts designed to shift public policy and highlight the urgency of greater climate ambition.

And new types of climate cases are constantly emerging. In the Coolglass case, the High Court held An Coimisiún Pleanála failed to meet its statutory duties under the Climate Action and Low Carbon Development Act when rejecting a windfarm proposal over its alleged visual impacts. 

In his ruling, Justice Richard Humphreys stressed decision-makers must act “in conformity” with Ireland’s climate objectives unless it is genuinely impracticable to do so. The judgment, now under appeal, has already prompted reflection across the planning and environmental sectors.

These cases are a microcosm of what is happening across the globe. In the US, where environmental regulation has increasingly come under attack, 164 new climate cases were filed in 2024, while major victories at the state level have turned courts in Montana and California into battlegrounds for maintaining climate protections. 

Landmark climate rulings

European courts have also advanced landmark climate rulings. A Dutch court has confirmed Shell — one of the world’s largest energy companies — has a legal duty to take climate action. A German court allowed a Peruvian farmer to sue another major energy company for its contribution to climate change, while the European Court of Human Rights has confirmed that inadequate climate action by a state can constitute a violation of human rights. 

If Ireland is to increase its role as a global hub for legal services, these cases are a preview of the disputes and issues Irish courts and practitioners will increasingly face.

New decisions from international courts and tribunals are also reshaping the legal terrain. Three international institutions — the International Tribunal on the Law of the Sea, the International Court of Justice (ICJ) and the Inter-American Court of Human Rights, have all confirmed states have a number of obligations under international law to address climate change. 

Crucially, the ICJ has indicated a state — including Ireland — could commit an “internationally wrongful act” if it continues to subsidise, license, or otherwise enable the expansion of fossil fuel production. The practical effect of these decisions is to reinforce the global legal framework within which both governments and corporations operate.

The cases heard today in Montana, The Hague, or Dublin are part of an emerging body of climate law that will shape how states, companies, and communities navigate the defining issue of the 21st century.

Irish lawyers will also need to further navigate the movement of climate from the margins of environmental law into the centre of corporate governance, financial disclosure, and business management. 

About 20% of all climate cases filed in 2024 targeted companies or their directors and officers, reflecting a rise in claims over misleading disclosures, alleged inadequate climate planning, and allegations of “greenwashing” (false or misleading sustainability advertisements or statements). 

The scope of these cases continues to broaden, with new lawsuits arising against professional services firms and against the agricultural sector for their roles in the climate crisis. 

Beyond the courtroom, new legislative approaches to corporate accountability are opening up even greater possibilities for climate litigation. 

New York and Vermont have sought to introduce “climate superfund laws” designed to make fossil fuel companies financially responsible for the harm caused by climate change. These statutes have already faced coordinated legal challenges from industry associations, arguing they unlawfully penalise companies for past conduct. 

However, with more corporate accountability bills reaching parliaments from Pakistan to the Philippines, Irish lawyers advising international businesses must be aware of the possibility of further challenges against major greenhouse gas emitters.

Climate risk a litigation risk

Climate risk is now therefore a litigation risk, demanding that both governments and corporations factor this risk into their planning to shift toward genuine decarbonisation.

As the legal industry uses large-scale events like Dublin International Disputes Week to position itself as a hub for international dispute resolution, Irish courts and practitioners should be cognisant that climate now intersects with virtually every field of law — from finance to planning, from corporate governance to human rights. 

The cases heard today in Montana, The Hague, or Dublin are part of an emerging body of climate law that will shape how states, companies, and communities navigate the defining issue of the 21st century. 

While the courtroom is no substitute for political leadership on climate change, it has become an indispensable forum for accountability. And, as the Government has already learned from FIE and Coolglass, climate obligations can no longer be treated as background noise — they are centre stage and are here to stay.

• Eoin Jackson is a panel speaker at Dublin International Disputes Week 2025, taking place from October 20-25, and a PhD candidate at London School of Economics.