Just Transition Litigation in Latin America: An Initial Categorization of Climate Litigation Cases Amid the Energy Transition

Just transition litigation is a novel field representing a sub-set of climate change litigation cases that is under-researched and studied. The report provides a novel comparative analysis of legal developments found in 20 just transition litigation cases in four Latin American countries and questions whether initiatives for achieving energy transformation in the region may have erred in failing to consider key just transition principles or dimensions, leading applicants to bring legal cases to claim their rights or demand more just solutions. The cases found – limited to the energy sector – not only question decarbonization policies or projects (in typical anti-climate cases) but also challenge subsidies to fossil fuels or other incentives contrary to a just transition. Based on this subset of cases, the report proposes an initial categorization of just transition litigation.