New data from the Just Transition Litigation Tracking tool demonstrates how communities, Indigenous Peoples and workers are increasingly turning to the courts over the human rights and environmental impacts of the energy transition. The tracking tool now covers 125 global cases against companies undertaking and states authorising transition mineral mining or renewable energy projects – including 30 cases recorded in the past year – and have resulted in courts imposing fines, awarding substantial damages or halting projects.

Published by the Business and Human Rights Centre, the analysis highlights the rights most commonly at stake, where cases are being filed and the legal and financial consequences for companies and investors that fail to adopt a rights-based approach to their operations.

The energy transition is generating an escalating wave of litigation, with the number of cases against transition mineral mining and renewable energy projects on the rise – demonstrating that a rights-based approach to the energy transition isn't optional, it's also a sound business strategy. Transition mineral mining by far accounts for the highest number of these lawsuits, making up 71% (89 out of 125) of all cases tracked globally, with significant impacts on the environment and communities' livelihoods.

Meanwhile, although the renewable energy sector has been making steady progress on improving their core human rights policies and practices, they too cannot ignore the harms that persist in their supply chains and the subsequent risk of litigation it brings, with lawsuits against renewable energy projects accounting for 29% (36) of cases.

Key findings based on the 125 lawsuits of the Tracking Tool include: 

• Transition mineral mining is the sector facing the highest number of lawsuits, representing 71% (89) of all cases. Renewable energy projects account for the remaining 29% (36 cases).  
• Indigenous Peoples filed nearly half (59) of the cases (42 related to mining, 17 for renewable energy) and other local communities filed 30% (38 cases – 26 mining, 12 renewable energy). 
• Women are disproportionately affected by violence near extractive sites and initiated 14% (18) of cases, with the majority (16 cases) relating to mining. Workers brought 11% (14 cases), all arising in the transition minerals sector. 
• Latin America and the Caribbean recorded the highest number of lawsuits (49 - 38 mining, 11 renewable energy).  
• Ten cases were filed outside the country of alleged abuse, with rightsholders in Latin America and Africa bringing cases before European and North American courts to seek accountability for serious human rights abuses linked to transnational companies headquartered there. 
• The right to a clean, healthy and sustainable environment was at stake in 85 lawsuits (68% of the total lawsuits) – 59 lawsuits in mining and 26 lawsuits in renewable energy.  
• The right to communities' livelihoods was threatened in 65 lawsuits (52% of the total lawsuits) – 45 lawsuits in mining and 20 lawsuits in renewable energy.  
• Water rights (access to water and water pollution) were particularly prominent in transition mineral mining, featuring 42% of lawsuits (37 cases) in this sector. 
• Rightsholders claimed they were not adequately consulted about a project in 60 lawsuits (48% of the total lawsuits) – 36 lawsuits in mining and 24 lawsuits in renewable energy. 
• Rightsholders sought project stoppages in 78 lawsuits (62% of the total lawsuits): 47 in mining and 31 in renewable energy. Courts stopped the project (temporarily or permanently) or revoked the licence in 41% (32) of these cases: 18 lawsuits in mining and 14 lawsuits in renewable energy.  

Elodie Aba, Senior Legal Researcher, Business and Human Rights Centre, said: "Those at the frontlines of the climate crisis are done waiting for justice to be handed to them. Faced with no other choice, and often as a last resort, they are turning to the courts to drive accountability. For too long, companies and governments have assumed that a rights-based approach to the energy transition is optional. Our evidence shows that it isn't. The surge in litigation relating to transition mineral mining and renewable energy projects is the result of declining public trust and increasing resistance. Courts are already stopping projects, revoking licences, imposing fines and awarding substantial damages. This sends a clear message to those responsible for implementing the energy transition: failure to adopt a rights-based approach is bad for business, bad for communities and bad for the speed of the transition."

// ENDS