As the global push towards low-carbon societies accelerates, a new study reveals that justice concerns are increasingly surfacing in legal disputes over climate policies and projects. This phenomenon, described as "just transition litigation," emphasizes the need to balance climate action with social justice considerations, ensuring that vulnerable communities are not disproportionately impacted.

As the world races to reduce greenhouse gas emissions and adapt to the impacts of climate change, the transition to low-carbon societies has sparked new questions of justice. Published in Nature Sustainability, a study led by Professor Annalisa Savaresi at the Center for Climate Change, Energy and Environmental Law, University of Eastern Finland, highlights the emerging phenomenon of just transition litigation, which is described as legal disputes challenging the fairness and justice of climate policies and projects, such as wind farms, biomass plants and dams.

Co-authored by experts from 16 institutions, the article argues that while the low-carbon transition is essential, it disproportionately impacts vulnerable groups, including Indigenous Peoples, workers and local residents.

For example, the Sámi Indigenous People in Norway successfully challenged the construction of wind farms on their traditional herding pastures, illustrating the potential of just transition litigation to protect the rights of marginalized communities. According to Professor Savaresi, lawsuits like these exemplify the often overlooked and highly complex social dilemmas and policy conflicts that arise during the transition.

Making sense of just transition litigation

The phenomenon of just transition litigation is little understood and underexplored. While in recent years much attention has been given to strategic litigation aimed at advancing decarbonization (such as cases against companies or governments failing to reduce emissions), this study shifts the focus to lawsuits that challenge the fairness of climate policies and projects.

Central to these legal disputes are issues such as the fair distribution of benefits and burdens from climate policies, the inclusiveness of decision-making processes, and the respect for the rights, identities and cultures of marginalized communities. This type of litigation draws upon various legal bases, including administrative, constitutional, energy, environmental, human rights, labor, and planning law.

A call for more research

The paper introduces a new framework for understanding the justice claims of those affected by climate action. This framework can serve as a tool for systematic research on just transition litigation. Currently, a significant knowledge gap exists due to a lack of comprehensive, systematic data collection on these legal disputes.

The authors call for the creation of a dedicated dataset to track these cases and analyze their impacts on law, governance and society. Understanding these dynamics is crucial, as this type of litigation has the potential to slow climate mitigation efforts. This is all the more urgent at a time when governments in the EU, and the UK and the US, are announcing plans to "cut the red tape" and expedite the transition.