Climate Litigation Shifts as Biden-Era Policies Face Deregulatory Challenges

As we head into the final weeks of 2025, the landscape of climate change litigation and policy in the United States is undergoing significant shifts. According to analysis from the Sabin Center for Climate Change Law at Columbia University, the Biden administration witnessed six hundred thirty climate cases filed in federal and state courts over four years, representing a major surge in climate-related legal action. Approximately two-thirds of these cases advanced climate mitigation and adaptation goals, though an important trend emerged showing that cases opposing climate protections increased each year, climbing from twenty-four percent in twenty twenty-one to thirty-six percent by early twenty twenty-five.

The dominant category of climate litigation involved fossil fuel extraction, processing, and transport, with one hundred eighteen cases addressing these industries. Non-governmental organizations drove much of this legal action, serving as plaintiffs in fifty-eight percent of all climate cases filed during the Biden years. These organizations pursued strategies focused on integrating climate change considerations into environmental review and permitting processes, a trend that persisted even as political winds shifted.

However, the transition to the second Trump administration is reshaping climate litigation in unexpected ways. Legal experts anticipate several emerging patterns. Constitutional arguments are now being invoked to defend Biden-era climate policies, with numerous lawsuits challenging terminations of climate-related funding authorized under the Inflation Reduction Act and other statutes. Additionally, the federal government itself is expected to take on a new role as a deregulatory plaintiff, challenging state and local climate initiatives. Private sector litigation is also evolving, with companies facing potential lawsuits for integrating climate considerations into their operations as federal climate frameworks are withdrawn.

Meanwhile, the international climate action calendar remains robust. The twentieth meeting of the Conference of the Parties to the Convention on International Trade in Endangered Species convenes through early December in Samarkand, Uzbekistan. The United Nations Environment Assembly will hold its seventh session in Nairobi, Kenya, from December eighth through twelfth, focusing on advancing sustainable solutions for a resilient planet. Looking further ahead, the International Model Forest Network will convene its Global Forum in Eastern Ontario, Canada, from May twenty-six through thirty, attracting delegates from over sixty model forests worldwide.

These developments reflect a pivotal moment in American climate policy and litigation. As federal climate protections face potential rollbacks, the burden of climate action increasingly shifts to states, municipalities, and non-governmental actors. The courts will likely become crucial battlegrounds for determining how far deregulatory efforts can proceed and whether existing climate policies can withstand legal challenges ahead.

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