Climate Litigation Has Begun In Switzerland
For the first time, a climate litigation case has opened in Switzerland, which could pave the way for more loss-and-damage cases to be tried in the country. Four residents of Pari Island in Indonesia have launched civil proceedings against cement producer Holcim, headquartered in Switzerland, for its historical CO2 emissions and their contribution to rising sea levels.
The suit, brought by Swiss Church Aid HEKS, is the first time a company in Switzerland has been sued for its impact on climate change. The residents are also demanding that Holcim significantly reduce its global CO2 emissions to limit global warming to 1.5°C, as outlined in the Paris Agreement in 2015. If successful, the case could set a precedent for similar claims in Switzerland and globally.
Climate litigation cases are on the rise globally, with over 2,000 proceedings before judicial bodies focusing on climate change law, policy, or science listed by Columbia University’s database. Most cases have been filed in the US, but they are also ongoing in over 40 countries, with a significant number in developing countries. Over half of the cases listed by the database have obtained outcomes favorable to climate action. Most cases are brought against governments, but an increasing number are being filed against companies as well.
The Holcim case is notable because it involves a claim for both reductions of greenhouse gases and compensation. The Climate Accountability Institute estimates that Holcim, which specializes in cement-production activities ranging from quarrying to transportation, has emitted more than 7 billion tonnes of CO2 since 1950, accounting for 0.42% of global industrial CO2 emissions since 1750.
Swiss Church Aid HEKS is using this figure to support the four Pari Island residents in their proceedings, claiming that Holcim must pay pro rata for its historical contribution to climate change, which amounts to about CHF3,500 ($3,767) per person. The residents aim to use this money to co-finance adaptation measures such as planting mangrove trees and building dams to control future floods.
Holcim has stressed the importance of a global multilateral response to climate change in response to the court case. The company’s position is that governments, not companies, are responsible for setting and enforcing climate policies. However, critics argue that companies must also be held accountable for their role in contributing to the climate crisis.
The rising trend of climate litigation reflects a growing recognition that legal action may be necessary to hold governments and companies accountable for their role in the climate crisis and to push for action on the issue. The increasing severity of the impacts of climate change, such as rising sea levels, extreme weather events, and loss of biodiversity, has led to a growing sense of urgency to address the issue.
While many countries and companies have made commitments to reduce their greenhouse gas emissions and transition to a low-carbon economy, progress has been slow and insufficient to meet the goals set out in the Paris Agreement. As a result, more and more people are turning to the legal system as a way to hold governments and companies accountable for their failure to address the climate crisis.
Prachi, an accomplished Chief-Editor at The Sustainable Brands Journal, has 15+ years of experience in Europe, the Middle East, and India, managing 90+ global sustainable brands. She’s a prolific writer in sustainability, contributing to various publications. Prachi’s unwavering passion and expertise make her a recognized authority, driving positive change and inspiring a sustainable future.
