Asian Communities File Climate Lawsuits Against Fossil Fuel Majors

Climate Litigation and the Search for Accountability

In December 2025, 67 survivors of Typhoon Rai—known locally as Odette—filed a lawsuit against Shell at the Royal Courts of Justice. The plaintiffs argue that the company’s historic emissions exacerbated the intensity of the 2021 storm, which displaced 1.4 million people and killed more than 400 in the Philippines.

The legal strategy relies on the contention that fossil fuel majors have been aware of climate risks since the 1960s. Experts suggest this is not due to a cultural aversion to litigation, but rather to institutional barriers. I remember years ago people would say climate litigation would never take off in Asia because it’s not part of the Asian culture to fight poverty and … to litigate, said Jolene Lin, Director of the Asia-Pacific Centre for Environmental Law, who points to weak rule of law as the primary obstacle.

Legal Intimidation of Environmental Defenders

While communities seek justice through the courts, activists often find themselves on the defensive. A July 2026 analysis by environmental lawyer Prilia Kartika Apsari, published via the Heinrich Böll Foundation’s Southeast Asia Regional Office, highlights that women environmental human rights defenders (WEHRDs) frequently face Strategic Lawsuits Against Public Participation (SLAPPs).

“Women environmental human rights defenders are not only protecting ecosystems; they are defending the rights of communities whose survival depends on nature. Yet they continue to face intimidation and legal challenges because their work questions powerful interests.”

Prilia Kartika Apsari, environmental lawyer and policy expert

Across the region, Greenpeace Southeast Asia has urged leaders to move beyond the October 2025 ASEAN Declaration on the Right to a Safe, Clean, Healthy and Sustainable Environment, arguing that the agreement lacks the clear enforcement mechanisms necessary to protect activists from legal harassment.

Structural Barriers and Judicial Capacity in South Asia

In Pakistan, the path to justice is often measured in decades. Muhammad, a petitioner seeking to stop illegal deforestation in his village, has been in court for nearly ten years. I just want them to rule in my lifetime, he told Globalvoices in December 2025. His experience underscores the financial and procedural strain of public interest litigation, where the high costs of legal representation often necessitate support from NGOs.

Meanwhile, in Bangladesh, language serves as an additional barrier to the courtroom. Legal proceedings in the country are conducted primarily in Bangla, which can effectively silence Indigenous litigants from communities such as the Chakma, Marma, and Santal.

Emerging Legal Frontiers

Despite these challenges, international and regional developments are providing new avenues for action. This advisory opinion is expected to influence climate-related policy and litigation for decades.

As these legal concepts evolve, the ability of courts to manage complex cases involving climate migration, Indigenous rights, and loss and damage will remain the critical test for environmental rule of law in Asia.