The Power of Climate Litigation: Holding Polluters Accountable

In the arena of climate action, where policies often collide with politics and urgency encounters bureaucracy, a new issue has emerged in the form of climate change. As awareness spreads regarding its impact, people, groups, organizations, and nations focus on the law as a tool for environmental justice and accountability. A matter that once failed to gain recognition is slowly gaining momentum in the form of climate change litigation, which is expected to bring about significant changes and hold accountable those contributing to deteriorating climate conditions. Climate change poses a looming threat to humanity; thus, the need to safeguard the environment has become a fundamental human rights issue, as climate change and human rights are intertwined. As of December 2022, 2,180 climate-related cases had been filed in 65 jurisdictions, including international and regional courts, tribunals, quasi-judicial bodies, and other adjudicatory bodies, such as Special Procedures at the United Nations and arbitration tribunals. This represents a steady increase from 884 cases in 2017 to 1,550 in 2020. Given Pakistan’s acute vulnerability, it has not been an exception.

Climate change litigation has emerged explosively across the globe since 2015; in 22 countries, 40 climate cases based on human rights have been filed. Natural disasters are a direct result of climate change, as weather patterns are altered, temperatures rise, and sea levels increase. The frequency of these natural disasters has increased worldwide. In 2021, flash floods struck Pakistan, India, and China; in 2024, hurricanes Helene and Milton devastated the U.S.; Haiti suffered earthquakes; California experienced massive wildfires; and smog in Lahore and Mumbai reached hazardous levels, all urging the need for an immediate response. Pakistan, situated in a temperate zone, experiences extreme seasonal variations, ranging from harsh winters in the north to scorching summers in the south. It has progressively moved up the list of countries most affected by climate change and natural disasters, now ranking among the top ten most vulnerable nations. Nearly three million people in Pakistan are affected by disasters each year, with floods impacting 77% of those affected. Recently, the country has been further afflicted by smog, heatwaves, droughts, landslides, and storms, including cyclones, which negatively impact the livelihoods and health of its citizens. Ironically, Pakistan is a minimal contributor to global carbon emissions yet remains one of the world’s most climate-vulnerable nations. It is high time the Government of Pakistan turned its attention toward garnering solutions to mitigate this impending socio-economic crisis. In response to deforestation, reforestation initiatives such as the Billion Tree Tsunami project in Khyber Pakhtunkhwa have been launched. Additionally, air quality monitoring networks have been established, and efforts have been made to improve resource management through the Indus River System Authority (IRSA), which works to distribute water equitably among provinces and promote sustainable irrigation practices. However, understanding the legal implications of climate litigation is crucial to Pakistan’s climate resilience efforts, which are often hindered by inconsistent enforcement and institutional constraints.

Pakistan’s legal framework primarily consists of statutes, acts, judicial decisions, and regulations addressing environmental issues. Notably, the Constitution of Pakistan (1973) does not directly provide for a safe environment; however, Article 9 grants the right to life, which encompasses the right to a safe, healthy, and clean environment. Article 9 serves as the legal foundation for advocating environmental protection, highlighting the state’s responsibility to safeguard the environment for present and future generations. Additionally, Article 38 of the Constitution focuses on the social and economic well-being of citizens. The Pakistan Environmental Protection Act (PEPA) of 1997, which established the Pakistan Environmental Protection Agency (EPA) to address environmental issues, stands at the forefront of environmental legislation in the country.

Beyond domestic laws, Pakistan is also a signatory to several international treaties and agreements linked to climate change, including the United Nations Framework Convention on Climate Change (UNFCCC, 1992) and the Paris Agreement (2015). These international commitments impose obligations on Pakistan, such as mitigating greenhouse gas emissions, adapting to climate change impacts, and protecting vulnerable communities. The Paris Agreement requires countries to pursue efforts to limit global warming below 2 degrees Celsius and strive to keep the temperature increase below 1.5 degrees Celsius.

Internationally, these treaties have been instrumental in driving progress; however, Pakistan’s climate change policy remains deficient, as highlighted by academic analyses. Despite being the 153rd most contributing country to climate change worldwide, Pakistan ranks 7th among the most affected nations. The gap between domestic and international legislative trends remains a challenge. An effort to address this issue was made through the Pakistan Climate Change Act (CCA) of 2017, introduced by the Nawaz Sharif government. Though it has its limitations, it is a step in the right direction. Under this act, key institutions such as the Climate Change Authority and Climate Change Council were established to oversee its implementation.

A significant challenge lies in the regulatory gaps created by existing laws such as the Pakistan Environmental Protection Act (1997), which hinder the enforcement of new climate laws despite the current climate emergency. The Climate Change Act (2017) requires provincial autonomy to be relinquished, leading to fragmented federal-provincial coordination and weak governance frameworks, resulting in uneven enactment of climate-related policies.

Globally, climate litigation is reshaping environmental governance. According to a report by the United Nations Environment Programme, climate change cases in courts have doubled from 884 in 2017 to 2,180 in 2022, underscoring the importance of legal action in enhancing climate resilience. While climate litigation has gained success internationally, its effective application in Pakistan requires capacity-building in environmental law, increased judicial awareness of climate science, and greater civil society participation. Regulatory and judicial hurdles, including insufficient technical and financial resources and political and bureaucratic inertia, present significant obstacles. Furthermore, Pakistan’s limited experience in climate-specific litigation hampers immediate effectiveness.

Nonetheless, global precedents suggest a growing receptivity toward climate litigation in Pakistan. Recent judicial activism on environmental concerns has resulted in landmark judgments such as Shehla Zia v. WAPDA (PLD 1994 SC 693), where the Supreme Court expansively interpreted Article 9 (right to life) to establish a legal precedent emphasizing the fundamental right to a healthy environment. Additionally, in Asghar Leghari v. Federation of Pakistan (W.P. No. 25501/2015), the Lahore High Court held the government accountable for failing to implement climate change policies, leading to the formation of the Climate Change Commission. The Supreme Court has also taken a strong stance in cases such as Salt Miners v. Director Industries and Mineral Development (1994 SCMR 2061), advocating for labor and environmental rights. More recently, in Amal Sukhera v. Government of Punjab (2024 LHC 4946), the Lahore High Court affirmed that even minors have the right to challenge environmental degradation, reinforcing the state’s constitutional obligation to ensure a clean environment.

These precedents compel corporations and authorities toward more stable, proactive, and transparent climate governance. Strong judicial rulings are a step in the right direction, potentially paving the way for more effective climate litigation in Pakistan and bridging the evident policy implementation and regulatory gaps.

Environmental accountability is heavily dependent on climate change mitigation, which seeks to reconcile tangible actions with policy ambitions. Despite contributing minimally to global emissions, Pakistan bears the brunt of natural disasters resulting from climate change. The urgency for resilient climate change laws is not only desirable but essential. Landmark cases such as Shehla Zia v. WAPDA, Asghar Leghari v. Federation of Pakistan, and the Salt Miners Case demonstrate a promising judicial receptivity to climate advocacy. However, Pakistan remains vulnerable to persistent challenges, including fragmented governance structures, limited technical capacity, and inadequate financial resources. Reforms in the legal arena are imperative. Lessons from international legal developments should be adopted to strengthen institutional frameworks, enabling Pakistan to harness climate litigation effectively. This, in turn, will safeguard environmental integrity, protect human rights, and enhance national resilience against climate adversities. The path forward is clear: judicial familiarity, innovation, collaboration, and proactive engagement are the keys to navigating Pakistan safely through the uncertainties posed by climate change.

Hoor Nahal

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