Climate Change Litigation

Can I sue the government for climate inaction?

Yes, citizens can sue the government if its failure to meet climate obligations violates constitutional rights, such as the right to life or a healthy environment.

What evidence is used in climate cases?

Cases rely on IPCC reports, national climate data, scientific attribution studies, and corporate internal documents to prove liability and causation.

Is climate litigation expensive?

It can be, due to the need for scientific experts. However, NGOs often support strategic cases, and lawyers may work pro bono or on a success fee basis for high-impact cases.

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Climate Change Litigation is a new and progressive legal field becoming increasingly relevant globally and in Georgia. It involves disputes where parties seek accountability for actions causing climate change or failure to meet state climate obligations. As a party to the Paris Agreement, Georgia is obliged to reduce emissions. Climate litigation can be directed against the state (for inaction) or private companies (major emitters) whose activities increase climate risks. These disputes are often based on human rights (right to life and a healthy environment).

Lawyers represented on the Legal.ge platform offer strategic legal services in climate disputes. Services include:

  • Litigation Strategy Development: Formulating innovative legal arguments based on the national constitution and international treaties.
  • Evidence Gathering: Using climate modeling and scientific data to prove that a specific project or policy increases climate hazards.
  • Court Representation: Defending the interests of clients (communities, NGOs, or individuals) in national courts.
  • Utilizing International Mechanisms: Filing complaints with the European Court of Human Rights (Strasbourg) or relevant UN committees if national protection is ineffective.
  • Corporate Defense: Defending companies against climate lawsuits (accusations of "Greenwashing," failure to disclose climate risks).

Climate change litigation is relevant in the following scenarios:

  • A group of farmers sues the state because the government failed to implement a climate adaptation plan, resulting in drought destroying crops.
  • Young activists challenge a permit for a new thermal power plant because it contradicts the country's emission reduction commitments.
  • Investors sue a company for failing to disclose climate risks in financial reports, leading to a stock price drop.
  • Victims demand compensation for a natural disaster (landslide, flood) caused by improper infrastructure planning and disregard for climate factors.

The field is regulated by the Constitution of Georgia (Article 29 - Environmental Protection), the Paris Agreement, and the Law on Environmental Liability. Case law in this area is still evolving, but international precedents (e.g., the Urgenda case) influence Georgian justice as well.

Collaborating with a Legal.ge specialist allows you to use law to achieve climate justice or protect your business from reputational risks. Our lawyers possess up-to-date knowledge of global trends in climate law.

Find climate law lawyers on Legal.ge. Our platform gives you access to pioneering lawyers ready to lead complex and precedent-setting disputes.

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