As global temperatures rise, so do the legal interests of companies and governments that fail to address climate change. The courts have become a battleground for activists, lawmakers and environmental groups seeking accountability for the greenhouse gas emissions that warm the planet. The question is no longer whether lawsuits will happen, but what consequences they will bring — and how far these cases can go. Some say criminal charges, including murder, could soon be filed.
The rise of climate lawsuits
The number of climate-related lawsuits has skyrocketed in recent years. According to research by Oil Change International and Zero Carbon Analytics, there are currently at least 86 active lawsuits against the world's largest fossil fuel companies. Many of these cases seek to compensate communities and environments affected by climate damage. Others accuse the companies of misleading the public or failing to adequately reduce emissions.
For more on the rise in climate lawsuits, see the full report Oil Change International: The Climate Litigation Surge.
One landmark case occurred in 2021, when a Dutch court ruled that Royal Dutch Shell must cut emissions by 45% by 2030, setting a precedent for future trials across Europe. Although Shell appealed, the victory inspired similar cases in other countries, signaling that the oil giants can expect increased legal pressure.
Transition to criminal responsibility?
In addition to civil lawsuits, there are growing calls for criminal charges against companies whose actions worsen climate change. US lawmakers such as Senator Sheldon Whitehouse and Congressman Jamie Raskin have called on Attorney General Merrick Garland to investigate oil companies for what they describe as a "decade-long campaign of disinformation" about the environmental impact of fossil fuels. They argue that deceptive practices aimed at downplaying climate risks should lead to criminal prosecution.
Additionally, legal scholars such as David Arkush and Donald Braman suggest that fossil fuel company executives could be charged with second-degree murder for knowingly contributing to climate catastrophe. This legal argument is based on proof that these companies were aware of the consequences of their actions, but chose to continue the harmful practice for profit.
Key cases worth paying attention to
Several high-profile lawsuits are currently changing the landscape of climate litigation:
Saúl Luciano Lliuya vs. RWE:
A Peruvian farmer is suing German energy company RWE, claiming its emissions have contributed to melting glaciers near his home, threatening catastrophic flooding. Although the case was initially dismissed, an appeal is ongoing, and the outcome could set an important precedent for holding corporations accountable overseas.
Hawaii Lawsuits Against Major Oil Company:
The City and County of Honolulu have filed lawsuits against companies like Sunoco, accusing them of misleading the public about the dangers of climate change. The case could soon reach the U.S. Supreme Court, potentially changing the legal landscape for environmental litigation across the country.
Exxon Mobil in Massachusetts:
The case involves allegations that Exxon misled consumers and investors about its role in climate change. The lawsuit, filed by then-Attorney General Maura Healy, could be one of the first to result in hefty fines for the fossil fuel giant if successful.
New legal bases: ecocide
The concept of "ecocide" has gained popularity in several countries as a way of criminalizing environmental destruction. Belgium recently codified ecocide as a crime, defining it as actions that cause significant damage to the environment. Meanwhile, the International Criminal Court in The Hague is debating whether to add ecocide to its list of crimes against humanity, a move that could change international environmental law.
The way forward
As climate litigation accelerates, the stakes are rising for both companies and governments. Fossil fuel companies face growing legal and financial risks, while activists and lawmakers push for even tougher penalties. With some advocates calling for criminal charges, the future of climate legislation could be unprecedented withmines in accountability.
For now, the question remains: How far will the courts go to hold those responsible for climate change accountable? Could we soon see murder charges related to environmental destruction?
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