Climate litigation in the hydrocarbon sector

The report examines how activists and civil society in Latin America and the Caribbean use climate litigation to block fossil fuel expansion and promote policies aligned with the Paris Agreement. It highlights a predominantly rights-based approach, emphasizing the right to a healthy environment and the protection of Indigenous communities. The analysis identifies significant institutional barriers in the region, including high litigation costs, structural violence against environmental defenders, and a lack of specialized judicial training. While the region leads the Global South in climate litigation volume, it lags behind the Global North in lawsuits targeting private corporations directly. The document also warns of 'backlash' through investor-state dispute settlement (ISDS) mechanisms, where companies use international arbitration to challenge decarbonization policies.

• Climate litigation in Latin America and the Caribbean is primarily used by civil society organizations, communities, and activists to prevent fossil fuel expansion and align public policies with climate commitments.
• Regional litigation is characterized by a rights-based approach, frequently invoking the constitutional right to a healthy environment and the rights of Indigenous Peoples and traditional communities.
• There is a notable gap between the Global North and South regarding the use of scientific evidence; Latin American cases often rely on abstract rights arguments or traditional knowledge rather than the technocratic, science-oriented approach common in the North.
• Institutional barriers in Latin America and the Caribbean hinder the effectiveness of climate litigation, including high costs, lengthy resolution times, and the 'hyper-presidential' model of government which can weaken judicial independence.
• Environmental defenders in Latin America face extreme risks, with the region accounting for over 60% of worldwide murders of environmental leaders in 2022.
• Litigation against private corporations is relatively limited in the region compared to the Global North, where lawsuits for GHG mitigation and 'climate-washing' are more prevalent.
• The region faces a significant threat from 'backlash' litigation, specifically through investor-state dispute settlement (ISDS) mechanisms where foreign investors sue states over energy transition policies.
• Transnational litigation is emerging as a tool to hold Global North companies accountable for impacts in the Global South, exemplified by the Luciano Lliuya v. RWE case, which established that emitters can in principle be held liable for climate risks.

APA

Gómez, J., Ortúzar, F., García, G., Strambo, C., & Arond, E. (2025). Climate litigation in the hydrocarbon sector. Stockholm Environment Institute. https://www.sei.org/wp-content/uploads/2025/12/climate-litigation-hydrocarbon-sector-latin-america-caribbean.pdf

Chicago

Gómez, Juanita, Florencia Ortúzar, Gisselle García, Claudia Strambo, and Elisa Arond. Climate litigation in the hydrocarbon sector. Stockholm Environment Institute, 2025. https://www.sei.org/wp-content/uploads/2025/12/climate-litigation-hydrocarbon-sector-latin-america-caribbean.pdf.

Wikipedia

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BibTeX

@techreport{gmez2025climate, author = {Gómez, Juanita and Ortúzar, Florencia and García, Gisselle and Strambo, Claudia and Arond, Elisa}, title = {{Climate litigation in the hydrocarbon sector}}, institution = {Stockholm Environment Institute}, year = {2025}, month = dec, url = {https://www.sei.org/wp-content/uploads/2025/12/climate-litigation-hydrocarbon-sector-latin-america-caribbean.pdf}, urldate = {2026-10-23}, note = {Indexed by Climate Insights Directory} }