Chapter 3: Breaking the mould in the strategic design and implementation of climate litigation

Overview & Synopsis

At the heart of the process of designing climate litigation are questions of who defines what is strategic and how. This chapter explores the possibility of breaking from the predominant model of top-down litigation in order to co-create strategies that are truly rooted in people power from inception. The climate emergency is at its core a question of environmental and social justice, human rights and equity – so the process of litigating strategically should apply an intersectional approach and address the different layers of oppressive power; it should be defined and led by the affected communities and movements seeking to achieve long-lasting systemic change beyond the courtroom. We distil practical guidance, grounded on a theoretical framework, by exploring lessons from successes and failing forward, based on the experiences of legal practitioners, campaigners, communities and movements on the ground. We discuss the imperative of co-creating strategic litigation with affected communities at the centre, the opportunities, the process and key considerations of the design stage, the risks and, finally, the lessons for the future generation of climate justice cases.