Beyond the Big Picture: A Typology-Based Approach to Evidence in Climate Litigation

Strategic climate-aligned litigation refers to a diverse set of legal strategies that seek judicial relief consistent with climate action objectives, while also shaping the broader public debate on climate change. This diversity is particularly relevant when considering the role of scientific evidence in these cases. While significant work is underway to examine and expand the role of scientific evidence in climate litigation, existing discussions have tended to either treat climate litigation as a single, homogenous category or focus narrowly on one specific type of case. 

This presentation will first outline existing climate litigation typologies, focusing on government framework cases, corporate framework cases, and corporate damages cases. Drawing on an extensive case study database of over 25 climate litigation cases, it will then analyse the evidentiary demands of each case type, the relevant expertise required, and the unique challenges faced across type and jurisdiction. The presentation will conclude by identifying overarching issues and themes, including common challenges such as narrative presentation and communicating uncertainty.