As the world nears a critical tipping point in climate breakdown, accelerating the shift to clean energy has never been more urgent. By 2030, global renewables-based electricity generation must triple, with wind and solar alone accounting for 85% of this expansion. But this transformation will only succeed if it is also just. Fairness is not a secondary concern; it is a condition for speed.

The Business & Human Rights Resource Centre’s Just Transition Litigation Tracking Tool highlights the consequences and legal risks that arise when human rights are not adequately protected in the energy transition. As of 2025, the tool documents 95 lawsuits filed globally since 2009 by Indigenous Peoples, frontline communities, human rights defenders, and workers harmed by renewable energy or transition mineral projects. These cases do not oppose the transition itself; they call for it to be implemented with dignity, equity, and respect for rights.

Legal action has become a key mechanism for rightsholders seeking to protect their environment, livelihoods, and collective rights when other avenues have failed. Seventy-seven per cent of the cases have been filed since 2018, and 2024 marked a record high with 17 new lawsuits, compared to 10 in 2023 and 13 in 2022. In 65% of all cases (62), plaintiffs sought to temporarily or permanently halt the project. In 40% of those (25 cases), courts ruled in their favour.

Overall, plaintiffs most frequently cite violations of the right to a clean and healthy environment (70% of cases; 67 cases), access to water and/or water pollution (56%; 53 cases), and livelihoods (48%; 46 cases). Nearly half (49%; 47 cases) involve alleged abuses of Indigenous Peoples’ rights, including Free, Prior and Informed Consent (FPIC) in 33% (31). These are not isolated incidents, they point to systemic issues across the energy transition value chain.

Among the 95 lawsuits tracked, over 70% (67) relate to transition mineral mining. These cases frequently raise allegations of environmental degradation, water-related impacts, and harm to Indigenous land and livelihood rights. The prevalence of mining-related litigation reflects persistent and systemic concerns, particularly where consultation is absent or environmental safeguards are weak. By contrast, 29% (28) concern renewable energy projects. These claims are most commonly linked to inadequate consultation (raised in 80% of these cases), as well as land conflicts and water-related impacts.

Mining remains the primary focus of just transition litigation, often reflecting deeper structural concerns. By contrast, the renewable energy sector, while not exempt from harm, presents more visible opportunities to integrate community participation and strengthen human rights protections through policy and practice. This is due partly to the sector’s rapid expansion into new geographies, its alignment with climate policy goals and the fact that many projects are still in development – creating opportunities to adopt stronger standards before harmful practices become widespread.

But when companies fail to respect rights or meaningfully engage with affected communities – at any point along the renewable energy value chain – the consequences can include project delays, court-mandated changes, financial loss, and reputational damage. Halting a project entirely, and removal of critical infrastructure, is also an option. See the recent outcome of litigation against a wind project in Osage County, Oklahoma, brought by Indigenous Osage Nation and alleging the unauthorised mining and excavation without obtaining a lease, with the estimated cost of removing the 84 turbines exceeding $250 million. In Panama, the closure of a copper mine operated by Minera Panama, a subsidiary of First Quantum Minerals, following a Supreme Court ruling declaring the operating contract unconstitutional, is projected to cost  $800 million. The case was brought by Indigenous and environmental groups, arguing that the project violated constitutional rights related to participation, environmental protection, and Indigenous land. These outcomes underscore that inadequate attention to human rights can translate into significant legal liabilities and strategic setbacks for companies and investors. Judicial and legislative developments are in turn helping shape and clarify what a just transition requires and set enforceable standards.

In Brazil, the Supreme Federal Court ruled in March 2025, that Indigenous Peoples impacted by the Belo Monte hydropower project must receive financial benefits and ordered Congress to pass legislation guaranteeing Indigenous participation in resource benefit-sharing within two years. The ruling applies broadly to “existing and future projects” on Indigenous lands, signalling a precedent-setting interpretation of just transition obligations. In Sweden, the Svedberga solar park was blocked due to insufficient demonstration of social benefit and the need to preserve productive farmland. In Taiwan, villagers successfully challenged the permitting of a solar substation after uncovering procedural violations.

On a legislative level, countries like Kenya, Sierra Leone, and South Africa are introducing requirements for FPIC and benefit-sharing across the renewable energy value chain, from transition mineral mining to renewable energy. In Mexico, this shift is reflected both in the 2023 amendments to the Mining Law, which make FPIC a prerequisite for the granting of permits, and in proposed human rights and environmental due dlligence (mHREDD) framework. In parallel, Brazil is also developing national mHRDDD legislation to strengthen companies' responsible behaviour and support more human rights-centred mining and renewable energy operations ahead.

For companies across the renewable energy value chain, these trends highlight the urgent need to embed human rights in their operations. This is not only about avoiding litigation, but it is essential for operational stability and long-term viability of their projects – and the transition to renewable energy itself.

To mitigate risk and build trust, companies should:

• Conduct robust human rights and environmental due diligence throughout the full value chain
• Engage in meaningful consultation with rightsholders from the earliest project stages
• Respect Indigenous Peoples’ rights, including FPIC, regardless of domestic legal requirements
• Implement benefit-sharing projects that deliver tangible and lasting value to communities
• Establish accessible grievance mechanisms and enforce zero-tolerance for retaliation against human rights defenders.

Commitment to a just energy transition is not only a moral imperative. It is also the fastest, most stable, and most sustainable way forward.