Advancing climate justice efforts

As the climate crisis intensifies, the concept of climate justice has gained prominence, linking environmental protection with law, human rights and social equity.

Climate justice asserts that those who are least responsible for climate change – often marginalised communities – bear the greatest burden of its impacts. From rising sea levels to extreme weather events, the effects of climate change disproportionately affect vulnerable populations in the Global South, Indigenous communities and low-income groups.

International law firms are increasingly recognising their role in addressing climate justice. Whether through pro bono work, litigation or policy advocacy, these firms have unique capabilities to support the global fight against climate change while advancing the rights of affected communities. This article explores how international law firms are contributing to climate justice efforts and outlines the opportunities for law firms to further engage with this critical issue.

Understanding climate justice

Climate justice focuses on addressing the ethical dimensions of climate change, emphasising that it is not just an environmental problem but also a matter of social justice. It calls for a redistribution of responsibility and resources to support those disproportionately impacted by climate-related harms. This includes ensuring access to legal remedies for communities suffering from environmental degradation and holding governments and corporations accountable for their contributions to climate change.

Legal frameworks supporting climate justice have their roots in international human rights law, environmental law and principles such as the polluter pays principle. International treaties like the Paris Agreement underscore the responsibility of developed countries to support climate adaptation efforts in developing nations, both through funding and technology transfer. However, legal action remains a crucial mechanism for ensuring that these obligations are met and that vulnerable communities have the tools to seek justice.

International law firms as advocates for climate justice

International law firms play a pivotal role in advancing climate justice, particularly by leveraging their expertise in litigation, policy and advisory services. Here are three primary areas where their contributions are most visible:

Litigation

Climate litigation has become a powerful tool for holding governments and corporations accountable for their environmental responsibilities. High-profile cases such as the Urgenda case in the Netherlands, where the Government was ordered to reduce greenhouse gas emissions, illustrate how the courts can enforce climate targets. International law firms have been instrumental in supporting these legal efforts, either directly through pro bono work or by representing NGOs and affected communities.

In many instances, firms are involved in strategic litigation, where cases are designed not only to provide justice to the plaintiffs but also to set legal precedents that benefit larger groups. For example, in Milieudefensie et al v Royal Dutch Shell, an international law firm represented the plaintiffs in a landmark ruling that required Shell to reduce its carbon emissions. This case sets a significant precedent for holding multinational corporations responsible for their environmental impact and offers a blueprint for future climate justice litigation.

Policy advocacy

Beyond the courtroom, international law firms are increasingly involved in policy advocacy to support legislative changes that align with climate justice goals. By advising governments, NGOs and multinational organisations, law firms help shape climate policy at both national and international levels.

For instance, international law firms have been working with UN bodies, the EU and local governments to develop policies that strengthen climate adaptation and mitigation strategies. These policies aim to ensure that climate finance reaches the most vulnerable communities and that regulatory frameworks are robust enough to enforce corporate accountability.

Additionally, many firms are actively engaged in climate finance, advising clients on how to structure sustainable investments and ensure compliance with global standards like the European Green Deal and the Task Force on Climate-Related Financial Disclosures (TCFD). By promoting sustainable finance initiatives, international law firms help steer capital towards projects that support climate resilience and environmental protection.

Pro bono work

Pro bono work remains a key area where international law firms contribute directly to climate justice. Many firms are dedicating significant resources to support environmental and human rights organisations that lack the funding for legal representation. This includes assisting Indigenous communities in defending their land rights against illegal deforestation and representing climate refugees seeking asylum due to displacement from climate-related disasters.

For example, Hogan Lovells has undertaken significant pro bono work in climate justice, particularly representing Indigenous communities in defending their land rights against environmental degradation. Such efforts are critical in providing legal mechanisms for marginalised groups to seek redress and protect their livelihoods.

Notable cases and precedents in climate justice

Several landmark cases highlight the growing momentum of climate justice litigation and the critical role international law firms play in these efforts.

Urgenda Foundation v State of the Netherlands (2019)

The Urgenda case was the first case where a government was held legally accountable for failing to take adequate action against climate change. The Dutch Supreme Court ruled that the Government must reduce its greenhouse gas emissions by at least 25% by 2020, setting a precedent for future climate litigation. The case emphasised the role of human rights in environmental protection, with the court ruling that insufficient climate action violated citizens’ rights to life and wellbeing under the European Convention on Human Rights.

Milieudefensie et al v Royal Dutch Shell

In 2021, a Dutch court ordered Royal Dutch Shell to reduce its carbon emissions by 45% by 2030, relative to 2019 levels. This was the first time a corporation was legally required to align its policies with the Paris Agreement. The case, spearheaded by climate action group Milieudefensie and represented by an international law firm, underscored the growing trend of holding private entities responsible for their environmental impact.

Leghari v Federation of Pakistan

In a pioneering case from the Global South, Pakistani farmer Ashgar Leghari successfully sued the Government of Pakistan for failing to implement its climate policies, which he argued endangered his livelihood. The court ruled in his favour, directing the Government to take immediate action to protect its citizens from the effects of climate change, particularly in agriculture-dependent regions. This case shows how climate justice can be advanced in developing countries with the support of legal professionals.

The future of climate justice and the legal profession

The legal profession’s involvement in climate justice is set to grow as more communities, governments and NGOs turn to the courts to address climate-related harms. For international law firms, the opportunities to contribute are vast. By expanding their work in environmental law, human rights law and corporate accountability, law firms can help shape the legal landscape for climate justice.

Climate justice litigation on the rise

We can expect more cases like Urgenda and Milieudefensie, where legal action is used to compel both governments and corporations to take climate change seriously. Law firms with a global presence are well-positioned to manage the complex, cross-border nature of such cases.

Collaboration with civil society and international organisations

International law firms have the resources and expertise to collaborate with civil society organisations and international bodies in advocating for systemic change. By working together, these groups can push for stronger climate policies and more equitable distribution of climate finance, ensuring that vulnerable populations receive the support they need.

Incorporating climate justice into corporate practice

As corporate clients face increasing pressure to align with environmental, social and governance (ESG) principles, law firms will play a critical role in advising on climate risk management, sustainable investments and compliance with climate regulations. This not only helps protect clients from legal liabilities but also contributes to the broader goal of climate justice by encouraging corporate responsibility.

Conclusion

International law firms are uniquely positioned to advance climate justice through litigation, policy advocacy and pro bono work. As climate change continues to disproportionately affect vulnerable communities, law firms have a moral and professional responsibility to use their expertise to support equitable and sustainable solutions. By engaging in climate justice efforts, law firms can contribute to a more just and resilient world.

Written by the Editor, Rebecca Morgan.