Judicial Role in Renewable Energy & Climate Change Litigation

Abstract

The increasing urgency of addressing global warming and transitioning towards renewable energy sources has significantly impacted legal and policy frameworks worldwide. In India, the judiciary, especially the National Green Tribunal and the Supreme Court, has played an active role in balancing the development of renewable energy with environmental protection and sustainable development. Landmark cases highlight the proactive stance of Indian courts in safeguarding ecological interests while encouraging the adoption of cleaner energy alternatives. However, the expansion of renewable energy infrastructure itself poses environmental challenges, such as habitat destruction, biodiversity loss, and adverse social impacts. Courts have often intervened to ensure that environmental regulations are not compromised in the name of green energy development. Internationally, countries like the USA, UK, Germany, China, Brazil, and Australia have witnessed similar legal interventions where courts have emphasised compliance with environmental standards, rights of indigenous communities, and long-term climate commitments.