Two High Courts Grapple With Climate Accountability - The Equation - Union of Concerned Scientists

Last week marked a watershed moment for climate accountability in two country’s highest courtrooms. In a landmark decision, the High Court of Australia ruled in favor of climate action in MACH Energy Australia v. Denman. Simultaneously, across the Pacific, the United States Supreme Court convened to hear oral arguments in Suncor Energy (USA) Inc. v. County Commissioners of Boulder County. For those of us working at the intersection of science, law, and policy, this convergence is not a coincidence, but evidence of a maturing field. Since 2015, over 215 climate cases against governments have reached these apex courts, with more than half resulting in outcomes positive for climate action.

Together, these cases illustrate two increasingly important fronts in climate accountability: whether decision-makers must confront the full emissions consequences of fossil fuel extraction, and whether fossil fuel companies can be held responsible for the financial costs of climate harms linked to their conduct. For each of these, scientific evidence is helping define the questions courts can meaningfully answer.