Trump Climate Rollbacks 2026: Why deregulation is triggering record courtroom battles

A new global analysis reveals an unprecedented surge in climate litigation, primarily driven by a wave of protective lawsuits defending existing environmental regulations against rollbacks by US President Donald Trump. While the United States remains the primary hub for these legal battles, the report highlights a global trend of "protective" litigation aimed at preserving established climate policies and pledges rather than pursuing new goals. In 2025, one in five new climate cases in the US fell into this category, marking a sharp increase from Trump's first presidential term.

This evolving legal landscape is expected to be a critical area to monitor throughout the remainder of 2026. Similar protective lawsuits were filed outside the United States in 2025, notably in Europe and Brazil. Courtrooms are increasingly serving as battlegrounds for climate action, with activists suing fossil fuel corporations and seeking government accountability through international bodies like the International Court of Justice, which recently ruled that states are legally obligated to tackle climate change. Additionally, a French court is set to rule on whether TotalEnergies breached its environmental duties.

Over the past 40 years, more than 3,600 climate cases have been filed worldwide, with the vast majority occurring in the United States and emerging after the 2015 Paris Agreement. As climate litigation expands and matures, countries like Grenada, Guatemala, Kazakhstan, Malaysia, Singapore, and Zambia recorded their very first climate cases in 2025.

Conversely, opponents are also utilising the legal system to obstruct climate action with increasing coordination and institutional depth. An example is the proposed "Stop the Climate Shakedowns Act" in the United States, which aims to shield polluting companies from lawsuits. Report co-author Joana Setzer noted that this development threatens access to justice and has already inspired similar policy ideas in New Zealand and Germany.

Looking forward, the report identifies AI data centres as a massive upcoming area for climate litigation due to their heavy energy demands, particularly in Ireland. Report co-author Catherine Higham stated that people are increasingly challenging the climate impacts of these facilities in court. Finally, the analysis notes that plastic manufacturing companies, along with carbon dioxide removal and storage projects, are emerging as key targets for future legal actions