Climate Change and Environmental Law:

Legal Frameworks and Landmark Cases

Climate change is one of the most pressing global challenges, requiring legal, political, and scientific
efforts to mitigate its effects. Environmental law plays a crucial role in regulating activities that
contribute to climate change, setting emission standards, and ensuring compliance with sustainability
goals. Over the years, numerous legal frameworks and landmark cases have shaped environmental law
and climate change policies worldwide. This article explores the relationship between climate change
and environmental law, analyzes key legal frameworks, and discusses landmark cases that have
significantly influenced climate litigation.

What is Climate Change?

Climate change refers to long-term shifts in temperatures and weather patterns, primarily caused by
human activities such as burning fossil fuels, deforestation, and industrial processes. These activities
release greenhouse gases (GHGs) like carbon dioxide (CO₂), methane (CH₄), and nitrous oxide (N₂O) into
the atmosphere, leading to global warming.

Role of Environmental Law in Climate Change

Environmental law consists of treaties, regulations, and statutes that govern how humans interact with
the environment. It provides the legal framework to control pollution, conserve natural resources, and
address climate change. Key areas of environmental law include:
Climate Change Regulations – Laws that control emissions
and promote sustainable practices.

Air and Water Pollution Laws – Regulations to limit pollution from industrial and human activities.

Renewable Energy Policies – Laws promoting clean energy sources like wind, solar, and hydro.

Environmental Impact Assessments (EIA) – Mandatory studies before undertaking major projects.

International Treaties – Agreements like the Paris Agreement set global commitments to reduce GHG
emissions.

International Legal Frameworks on Climate Change

1. United Nations Framework Convention on Climate Change (UNFCCC)

The UNFCCC is a foundational international treaty aimed at stabilizing greenhouse gas concentrations. It
was adopted in 1992 during the Earth Summit in Rio de Janeiro. While the treaty itself does not set
binding emission targets, it established a framework for international climate negotiations.

2. Kyoto Protocol (1997)

The Kyoto Protocol was the first legally binding climate treaty, requiring developed countries to reduce
their emissions by an average of 5% below 1990 levels between 2008 and 2012. However, major
emitters like the United States refused to ratify it, and its impact was limited.
3. Paris Agreement (2015)

The Paris Agreement is the most significant international climate treaty. It aims to limit global
temperature rise to well below 2°C above pre-industrial levels, with efforts to keep it below 1.5°C.
Unlike the Kyoto Protocol, it includes commitments from both developed and developing nations, with
Nationally Determined Contributions (NDCs) outlining emission reduction targets.

4. The European Green Deal (2019)

The European Union introduced the European Green Deal to achieve carbon neutrality by 2050. It
includes ambitious policies on carbon pricing, renewable energy, and emission reduction targets.

5. The U.S. Clean Air Act and Inflation Reduction Act (2022)

In the United States, the Clean Air Act empowers the Environmental Protection Agency (EPA) to regulate
emissions. The Inflation Reduction Act of 2022 further strengthened climate policies by investing in
renewable energy and emission reduction projects.

Landmark Climate Change Cases

Several legal cases have shaped environmental law by holding governments and corporations
accountable for climate-related harm. Below are some of the most influential cases.

1. Massachusetts v. EPA (2007) – United States

Key Issue: Whether the U.S. Environmental Protection Agency (EPA) had the authority to regulate
greenhouse gas emissions under the Clean Air Act.
Ruling: The U.S. Supreme Court ruled that greenhouse gases are pollutants under the Clean Air Act,
giving the EPA authority to regulate them. This case set a precedent for federal climate regulations in
the U.S.

2. Urgenda Foundation v. The Netherlands (2015) – Netherlands

Key Issue: Whether the Dutch government was doing enough to reduce greenhouse gas emissions.

Ruling: The Dutch Supreme Court ordered the government to cut emissions by at least 25% by 2020
compared to 1990 levels. This was the first case in which a court required a government to take stronger
climate action based on human rights obligations.

3. Juliana v. United States (2015) – United States

Key Issue: Whether the U.S. government’s failure to act on climate change violated young people's
constitutional rights.

Ruling: Although the case was dismissed on procedural grounds, it highlighted the growing movement of
climate litigation based on constitutional and human rights.

4. Friends of the Irish Environment v. The Government of Ireland (2020)

Key Issue: Whether the Irish government’s climate action plan was sufficient to meet its legal
obligations.

Ruling: The Supreme Court ruled that the government’s plan was inadequate, forcing Ireland to adopt
more effective climate policies.
5. Milieudefensie v. Royal Dutch Shell (2021) – Netherlands

Key Issue: Whether a private corporation (Shell) was legally responsible for reducing its carbon
emissions.

Ruling: The Dutch court ordered Shell to cut its emissions by 45% by 2030, setting a precedent for
corporate climate accountability.

6. Neubauer et al. v. Germany (2021) – Germany

Key Issue: Whether Germany’s climate protection law was sufficient to protect future generations.

Ruling: The German Constitutional Court ruled that the law was insufficient, requiring stricter emission
reuction targets.

7. Held v. Montana (2023) – United States

Key Issue: Whether Montana’s policies violated young people’s constitutional right to a clean and
healthy environment.

Ruling: A Montana court ruled in favor of the plaintiffs, marking a significant win for youth-led climate
litigation.

Emerging Trends in Climate Litigation

1. Human Rights-Based Climate Lawsuits

2. Corporate Climate Accountability

Lawsuits against fossil fuel companies are increasing. Plaintiffs argue that corporations should be held
responsible for misleading the public about climate risks and contributing to environmental damage.

3.Youth- Climate Lawsuits

Youth activists are using the legal system to demand stronger climate action, arguing that government
inaction threatens their future. Cases like Juliana v. United States and Held v. Montana exemplify this
trend.

4. Climate Change and Indigenous Rights

Indigenous communities are using legal action to protect their lands from climate-related harm. Courts
are increasingly recognizing indigenous rights in climate cases.

Challenges and Future of Climate Litigation

Challenges:

Legal Standing: Many courts dismiss cases due to procedural issues, such as standing (whether plaintiffs
have the right to sue).
Enforcement of Rulings: Even when courts rule in favor of climate action, enforcing decisions remains
difficult.

Political Resistance: Governments and corporations often resist climate litigation, citing economic
concerns.

Future Outlook:

Stronger Climate Laws: Many countries are updating laws to include stricter climate policies.

Greater Corporate Responsibility: More corporations may face legal consequences for failing to address
climate risks.

Expansion of Climate Rights: Courts may further recognize climate-related human rights.

Conclusion

Climate change law is rapidly evolving as courts, governments, and activists push for stronger action.
Landmark cases like Urgenda v. Netherlands, Massachusetts v. EPA, and Milieudefensie v. Shell have set
important precedents for climate accountability. As climate litigation grows, environmental law will
continue to shape global efforts to combat climate change, ensuring that governments and corporations
fulfill their legal and moral obligations to protect the planet for future generations.