While I didn’t travel to Dubai in 2023 to cover the 28th UN climate summit, my editor and I did plan a story to coincide with the come. Here it is. It’s a story I got turned on to at COP26 in Glasgow two years ago — the role climate litigation was playing around the world in an attempt to force climate action and emission reductions from countries, states, regions, and corporations. All summit agreements, including the historic Paris Agreement, are voluntary and carry no enforcement provisions when climate-related promises are invariably broken.
Thousands of lawsuits are in the pipeline globally, especially in the United States, and there have been dramatic wins in a variety of courtrooms from Montana to Amsterdam. But as my story explains, expecting lawsuits to quickly enforce necessary climate mitigation amidst a climate crisis is a longshot at best. As one of my legal sources told me, “There’s a lot of energy and activity going into these (legal) actions, but it’s too early to say whether it moves the needle.”
Thanks to my good friend John Knox — a Wake Forest law school professor, an expert on international environmental law, and a former UN special representative on human rights and climate change — for connecting me to several expert sources in New York and London for this story.
There has long been a general sense that the voluntary, nonbinding nature of the Paris Agreement was a fatal flaw, a way for major polluters to sign their names to carbon-reduction pledges they had no intention of ever honoring.
Well, maybe. Maybe not.
In a story here that fell into my lap and which my ever-skeptical editor Glenn Schererurged me to pursue, I learned that the new frontier in climate action isn’t in pledges and promises, but in litigation. Just ask Royal Dutch Shell, a corporate giant in The Netherlands which a national court ruled was not doing enough to reduce its own carbon footprint, thus keeping the country from meeting its own reduction targets under Paris. Promises, meet legal enforcement. Shell is not a signatory of Paris, but was successfully held liable just the same, as my story explains.
This story focuses on a couple of attorneys who were active and visible during this climate summit, one of whom reminded me of a male, eco-crusading Erin Brockovich. Wake Forest law school professor John Knox, my colleague and an expert in international climate litigation, verified what I was learning in Glasgow, as did a lead attorney with the Center for Biological Diversity, in which my sister-in-law Stephanie Parent, an Oregon-based environmental attorney herself, put me in touch.