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Building towards a just transition

9 Jul 

Written By Dominika Leitane

The energy efficiency of residential buildings is emerging as an important lever in tackling climate change. Recent trends in climate litigation reveal an increasing focus on this area, recognising its impact on reducing greenhouse gas (GHG) emissions and promoting social justice. Here’s why this matters. 

The link between buildings, emissions and social justice 

When we talk about greenhouse gas emissions, images of smoke-billowing factories may come to mind – but sometimes the source of emissions is somewhat closer to home. The buildings sector accounts for as much as 37% of global GHG emissions, with residential buildings responsible for more than half of this total. This makes energy efficiency in homes a crucial area for climate action. 

Key to this challenge is improving energy efficiency, and beyond just reducing emissions, this can also improve quality of life and achieve social justice. Inefficient homes lead to higher energy bills and significant adverse health effects, which disproportionately affects vulnerable groups, particularly low-income families, the elderly, and people of colour.

This means that the issue of energy efficiency in homes is inextricably linked to various human rights, including the right to life, health, an adequate standard of living, freedom from discrimination, and a healthy environment. 

Climate litigation as a tool for change 

Climate change litigation is increasingly being used to drive improvements in energy efficiency in residential buildings. Our new legal briefing - Building towards a just transition - examines emerging trends in this area. We have identified over 30 relevant cases, most of which are still pending, indicating a growing trend. These cases fall into four main categories: 

1. Framework challenges 

Framework challenges are broad cases that target overall government climate policies, which are thought to be insufficient to meet national or international climate goals. These cases demonstrate how the buildings sector, and energy efficiency, are increasingly seen as critical components of comprehensive climate policies. 

Key Examples: 

• Notre Affaire à Tous v. France: This case involved nonprofit organisations compelling the French government to take stronger action to meet its climate goals, calling for improved energy efficiency in buildings among other sector-specific pleadings. The Paris Administrative Court ordered the government to offset its excess GHG emissions by 2022. 
• R (Packham) v Secretary of State for Energy Security and Net Zero and Secretary of State for Transport: The UK government’s Net Zero policy is currently being scrutinised in court. One of the grounds of this ongoing challenge is that, in changing its approach to net zero, the government failed to take into account ongoing consultations about off-grid heating and minimum energy efficiency in rental properties.

2. Central vs. local government regulations 

Often, central governments set baseline standards for energy efficiency. However, local governments tend to have a better understanding of the unique needs and challenges of their communities, and may wish to adopt more ambitious energy efficiency policies to meet their climate and social justice commitments. Litigation can occur when central government policy is at odds with local government ambition. 

Key Examples: 

• (R (Rights, Community, Action) v Secretary of State for Levelling Up, Housing And Communities): This case successfully challenged the decision by a UK planning inspector to reject West Oxfordshire District Council’s plan for a new housing development, particularly net-zero standards, including ambitious energy efficiency measures. 
• Northwest Regional Council of National Construction v. State Building Code Council: Washington Council’s restriction on the use of natural gas appliances in commercial and residential buildings was challenged by industry representatives and residents. This challenge is currently pending, and shows how legal action can be used to oppose climate measures. 

3. Product efficiency standards 

Product-specific efficiency cases focus on the standards for common household appliances, highlighting the salience of product-specific measures in working towards reducing GHG emissions. 

Key Examples: 

• New York v. U.S. Department of Energy and Natural Resources Defense Council v. U.S. Department of Energy: 15 states, New York City, the District of Columbia, and several organisations challenged the Department of Energy's withdrawal of expanded light bulb energy conservation standards. 
• Natural Resources Defense Council, Inc. v. Perry: Several states, New York City, and environmental groups successfully challenged the Department of Energy's decision to delay energy conservation standards for various appliances.

4. Human rights and just transition 

This emerging category links energy efficiency to broader human rights and social justice issues. These cases argue that inadequate energy efficiency measures violate human rights by exacerbating energy poverty and poor living conditions, which disproportionately affect vulnerable populations. 

Key Examples: 

• R (Friends of the Earth, ClientEarth, Good Law Project) v Secretary of State for Business, Energy and Industrial Strategy: The claimants successfully argued that the UK government has failed to consider the impact of its Heat and Buildings Strategy on vulnerable groups. 
• Verein KlimaSeniorinnen Schweiz v. Switzerland: The European Court of Human Rights recognised the obligation of Member States to protect their citizens from the adverse effects of climate change. This landmark case is expected to influence future litigation by strengthening the link between climate change, human rights, and the responsibility of states to protect their citizens.

The future of climate litigation 

Energy efficiency in buildings is not just about mitigating the climate crisis; it is also an important consideration in adapting to the impacts of climate change. Proper insulation can keep homes warm in winter and cool in summer, reducing energy costs and improving health outcomes. 

Climate change adaptation was a significant aspect of the KlimaSeniorinnen judgment, and the subject of a recently-brought challenge to the UK government. As extreme weather events become more frequent, the role of energy efficiency in climate adaptation is likely to grow, potentially leading to more litigation in this area. 

An evolving landscape

Improving energy efficiency in residential buildings is a vital component of the global effort to combat climate change. Through strategic climate litigation, advocates are holding governments and corporations accountable, pushing for stronger policies and regulations. This not only helps reduce emissions but also promotes social justice, ensuring that the benefits of a net-zero future are shared by all. 

As the landscape of climate litigation evolves, we can expect to see more cases targeting energy efficiency measures, highlighting their importance in both mitigation and adaptation strategies. Public and private sector stakeholders alike must recognize the increasing legal risks and opportunities associated with this critical issue. 

https://www.opportunitygreen.org/blog/climate-litigation-energy-efficiency-buildings