As the global movement towards low-carbon societies accelerates, recent research indicates that issues of justice are becoming more prominent in legal battles concerning climate policies and projects. This trend, known as “just transition litigation,” highlights the importance of aligning climate action with social justice principles, ensuring that marginalized communities do not bear an unfair share of the impacts.
A rising legal trend
As efforts to diminish greenhouse gas emissions and adjust to the effects of climate change intensify, the shift to low-carbon societies raises new justice-related questions. An article published in Nature Sustainability, led by Professor Annalisa Savaresi from the Center for Climate Change, Energy and Environmental Law at the University of Eastern Finland, brings attention to the growing trend of just transition litigation. This form of legal action scrutinizes the equity and fairness of climate-related policies and projects, such as wind farms, biomass facilities, and dams.
The article, co-authored by specialists from 16 different institutions, contends that even though the transition to low-carbon systems is vital, it often adversely affects vulnerable groups, including Indigenous Peoples, workers, and local communities. A notable example is the Sámi Indigenous People’s successful legal challenge against the establishment of wind farms on their ancestral herding lands, showcasing how just transition litigation can defend the rights of marginalized individuals. Professor Savaresi notes that such lawsuits are indicative of the complex social issues and policy conflicts that frequently arise during this transition.
Understanding just transition litigation
The concept of just transition litigation is still relatively unfamiliar and not extensively studied. While there has been significant focus on strategic litigation aimed at promoting decarbonization—such as lawsuits targeting companies or governments neglecting to cut emissions—this study shifts attention to legal actions that question the fairness of climate policies and projects. Central to these disputes are key themes such as appropriate distribution of benefits and burdens from climate initiatives, inclusivity in decision-making, and the recognition of the rights and identities of marginalized groups. This type of litigation is grounded in a range of legal frameworks, including administrative, constitutional, energy, environmental, human rights, labor, and planning laws.
A call for further investigation
The article proposes a new framework to better understand the justice issues faced by those impacted by climate initiatives. This framework can act as a foundation for systematic exploration of just transition litigation. At present, there is a substantial gap in knowledge due to insufficient comprehensive data collection on these legal cases. The authors urge the establishment of a dedicated database to monitor these lawsuits and assess their implications for law, governance, and society. Gaining insights into these issues is critical, as such litigation might delay climate action initiatives. This need is particularly pressing as governments in the EU, UK, and US are announcing efforts to streamline regulations and accelerate the transition.
