Climate Change Litigation and Environmental Justice: Contemporary Legal Perspectives
Abstract
Climate change has emerged as one of the most pressing global challenges of the twenty-first century, posing significant threats to ecosystems, human rights, public health, economic development, and sustainable governance. As the adverse impacts of climate change intensify, litigation has become an increasingly important legal mechanism for enforcing environmental obligations, holding governments and corporations accountable, and protecting the rights of vulnerable communities. Climate change litigation has expanded rapidly across jurisdictions, addressing issues such as greenhouse gas emissions, environmental degradation, biodiversity conservation, adaptation measures, corporate responsibility, and intergenerational equity. Simultaneously, the concept of environmental justice has gained prominence by emphasizing the equitable distribution of environmental benefits and burdens, ensuring that marginalized and disadvantaged communities are not disproportionately affected by environmental harm. Contemporary legal systems increasingly recognize the close relationship between climate justice, constitutional rights, and international environmental obligations. Courts across various countries have relied upon constitutional provisions, statutory frameworks, international agreements, and human rights principles to strengthen environmental governance and promote sustainable development. This paper critically examines the evolving relationship between climate change litigation and environmental justice through a comparative legal analysis of recent judicial developments in India, the United States, the European Union, Australia, and other jurisdictions. It explores emerging legal principles, judicial innovations, and policy responses while highlighting challenges relating to enforcement, corporate accountability, climate adaptation, and access to justice. The study concludes that effective climate governance requires robust legal frameworks, proactive judicial intervention, international cooperation, and inclusive environmental policies capable of ensuring ecological sustainability, social equity, and long-term protection of present and future generations.