2. Procedures and Evidence
A. Actors Involved
1. OVERVIEW
Climate and environmental litigation globally involves diverse actors, including cities, State governments, NGOs, activists, shareholders, and Indigenous groups, targeting a range of defendants, from corporations in various industries to government entities. Notable trends include strategic shareholder lawsuits in Australia seeking policy change, civil society challenges against energy and mining sectors in Brazil, and States suing Big Oil companies heralding a marked shift towards corporate accountability in Canada and the United States. Procedural and legal challenges are common hurdles, such as restrictions on who can file lawsuits in China and difficulties in proving causation and damages in the U.S. and Japan. Nonetheless, the expanding base of claimants and third-party intervenors, coupled with evolving legal and policy landscapes, demonstrate an overall increase in litigation involving corporations in the context of climate and environmental issues in the 17 selected focus countries.
