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ClientEarth

ClientEarth is a non-profit environmental law organization founded in 2007 by James Thornton, a former Wall Street litigator, with the mission of employing strategic litigation, policy advocacy, and legal expertise to enforce environmental regulations and achieve systemic protections for the planet.^[1]^[2] Operating from offices in London, Brussels, Warsaw, Beijing, Berlin, Madrid, and Los Angeles, the group focuses on issues including climate change, air pollution, biodiversity loss, and corporate accountability, often representing public interest through lawsuits against governments and industries for non-compliance with existing laws.^[3]^[4] The organization has pursued high-profile cases, such as compelling European Union member states to address air quality failures under the Ambient Air Quality Directive and challenging coal plant developments that violate environmental standards.^[5] It has also trained environmental judges in China through partnerships with the Supreme People's Court and supported enforcement mechanisms in multiple jurisdictions.^[6] Funding primarily comes from philanthropic foundations, enabling independent operations without reliance on government or corporate donations.^[3] ClientEarth gained attention for shareholder derivative actions, including a 2023 lawsuit against Shell plc's board alleging breaches of fiduciary duties due to insufficient alignment with Paris Agreement emissions reductions, which aimed to mandate revised climate strategies but was dismissed by the English High Court on grounds that such decisions fall within directors' business judgment discretion rather than legal obligations enforceable via derivative claims.^[7]^[8] This case exemplified criticisms that ClientEarth's approach, leveraging small equity stakes (such as 0.02% in Shell) to influence corporate policy, stretches derivative litigation beyond traditional fiduciary bounds into policy disputes better resolved by shareholders or regulators.^[8]^[9]

Founding and History

Origins and Establishment

ClientEarth was founded in 2007 by James Thornton, a former Wall Street lawyer with extensive experience in environmental litigation, including over 80 successful cases against the Reagan administration to enforce water pollution cleanup under the Clean Water Act.^[1] Thornton relocated to the United Kingdom, where he identified a gap in environmental advocacy: unlike in the United States, European efforts were predominantly protest-based or reliant on lobbying, lacking systematic use of legal enforcement mechanisms.^[10] He established the organization in London as a non-profit charity dedicated to leveraging law—through litigation, policy advocacy, and advisory services—to achieve systemic environmental protections, beginning with a focus on air pollution cases against governments and corporations.^[4] ^[11] The organization began modestly, with Thornton operating initially from a single laptop, marking it as Europe's first entity providing specialized legal capacity for environmental causes.^[4] This grassroots inception emphasized building expertise in EU and national environmental laws, aiming to hold public and private actors accountable where existing regulations were under-enforced. Early efforts targeted barriers like high court costs and restrictive standing rules in jurisdictions such as the UK, Germany, and the EU itself, setting the stage for precedent-setting lawsuits.^[6] By prioritizing verifiable legal violations over broader activism, ClientEarth positioned itself as a strategic intervener rather than a traditional campaign group, drawing on Thornton's U.S. litigation model adapted to European contexts.^[10]

Key Milestones and Expansion

ClientEarth was founded on July 1, 2007, in London by James Thornton, a former Wall Street lawyer, initially operating with a single lawyer and limited resources focused on environmental litigation.^[1] The organization expanded rapidly to engage with European institutions, opening its Brussels office in 2008 to pursue cases involving access to justice and enforcement of EU environmental directives against governments in the UK, Germany, and the EU itself.^[12] In 2010, ClientEarth established a Warsaw office as a subsidiary to challenge the construction of new coal-fired power plants in Poland, amid efforts to prevent an estimated 64 million tonnes of annual CO₂ emissions from 15 proposed facilities.^[13] This marked the group's initial foray into Central and Eastern Europe, building on its core strategy of using national courts to enforce international environmental standards. By 2016, further international growth included the opening of offices in New York, to address U.S.-based corporate accountability, and Beijing, targeting China's environmental governance during a period of heightened pollution controls.^[12] By the end of 2017, ClientEarth had grown to over 120 staff members across five offices (London, Brussels, Warsaw, New York, and Beijing), with annual turnover reaching £7.3 million, reflecting a scaling from six employees in 2008.^[12] Subsequent expansions added offices in Berlin and Madrid, enabling localized advocacy across the EU, while a 2023 appointment of a Head of North America strengthened operations in New York amid broader global ambitions.^[14] Today, the organization employs over 300 people in eight offices worldwide, supporting litigation and policy work in more than 60 countries.^[15]

Organizational Structure and Governance

Leadership and Board

ClientEarth's executive leadership is headed by Chief Executive Officer Laura Clarke, who assumed the role in September 2022 after serving in senior positions within the organization focused on energy and climate policy.^[16] Clarke oversees the organization's strategic direction, litigation efforts, and global operations across offices in Europe, the US, Asia, and beyond. The executive team also includes Adam Weiss as Chief Programmes and Impact Officer, responsible for coordinating legal and advocacy campaigns; Scott Rutherford as Chief Finance and Operations Officer, managing financial oversight and operational efficiency; Cheryl King-McDowall as Chief People and Operations Officer, handling human resources and organizational development; and Amy Rose in a senior strategic role supporting expansion and impact measurement.^[17]^[18] The organization was founded in 2007 by James Thornton, an environmental lawyer who served as its inaugural CEO until transitioning to President in 2017, where he concentrated on high-level strategy, partnerships, and fundraising.^[19] Thornton retired from the presidency on April 1, 2025, after nearly two decades of leadership that expanded ClientEarth from a small UK-based entity to a multinational NGO with over 300 staff.^[20] No successor to the presidency has been publicly announced as of October 2025. Governance is provided by a Global Board of Trustees, registered as a UK charity, which oversees fiduciary duties, strategic oversight, and compliance with environmental law mandates. The board comprises 12 trustees as of 2025, chaired by Emma Howard Boyd CBE since April 18, 2024; Boyd, former Chair of the Environment Agency and Bank of England Climate Change Committee, brings expertise in regulatory enforcement and financial risk management related to environmental factors.^[21]^[22] Notable trustees include musician and philanthropist Brian Eno, sustainability expert Winsome McIntosh, policy director Dr. Champa Patel, climate diplomat Dr. Kilaparti Ramakrishna, energy investor Assaad W. Razzouk, climate advocate Tom Rivett-Carnac, and financier Georg Stratenwerth, alongside others such as Amy Clarke and Rachel Wangechi Wanyoike.^[17] Four new trustees were appointed in July 2024 to bolster expertise in policy, finance, and global advocacy amid expanding litigation against fossil fuel companies.^[23] ClientEarth USA operates with a separate board, including members like Clate Korsant and Frances Beinecke, to address US-specific regulatory and funding contexts.^[24] The board's composition reflects a mix of legal, scientific, and financial backgrounds, though critics have noted potential influences from aligned philanthropic networks in shaping litigation priorities.^[21]

Funding Sources and Financial Transparency

ClientEarth primarily receives funding from philanthropic foundations, institutional donors, and individual contributions, with the majority—approximately 80%—comprising restricted grants designated for specific legal and advocacy projects. In 2023, the organization's total income reached £29.4 million, including £20.98 million from charitable activities (largely grants) and £7.89 million in donations, though expenditures exceeded income at £35.2 million, drawing on reserves.^[25] About 81% of this income was restricted, limiting its use to predefined initiatives, while unrestricted funds, totaling £3.6 million from major philanthropic donors, supported flexible operations and online fundraising efforts that grew 26% year-over-year.^[25] Key funders in recent years include the Children’s Investment Fund Foundation (CIFF), which granted £5.1 million in 2023; the Grantham Foundation and Trust, providing £3.6 million that year; and Bloomberg Philanthropies, contributing £1.7 million.^[25] Additional significant supporters encompass the AKO Foundation, Arcadia (which awarded a £5 million grant in 2024 for biodiversity work), Rockefeller Philanthropy Advisors, the Players of People’s Postcode Lottery, and the European Climate Foundation.^[13] Approximately 5% of funding originates from government and multilateral sources, such as Norway’s Agency for Development Cooperation (Norad) via its International Climate and Forest Initiative (NICFI).^[25]^[13] Initial startup funding came from the McIntosh Foundation.^[10] On financial transparency, ClientEarth discloses aggregated income breakdowns and select major grants in its annual audited reports, prepared under UK Statement of Recommended Practice for charities and overseen by the Charity Commission for England and Wales.^[25] The organization is registered on the EU Transparency Register (number 96645517357-19) and publishes global consolidated accounts post-audit, including for its U.S. affiliate via IRS Form 990 filings.^[25]^[13] While top funders are named on its website and in reports, full donor lists remain undisclosed, with some contributions anonymized to protect privacy, and no evidence of systematic opacity beyond standard nonprofit practices.^[25]^[13] Accountability measures include a whistleblowing hotline and board-level oversight of reserves, held at £8.8 million in free reserves at year-end 2023 to buffer against funding fluctuations.^[25]

International Operations

ClientEarth operates through a network of international offices and entities spanning Europe, North America, and Asia, in addition to its London headquarters. These facilities support region-specific legal strategies, policy advocacy, and enforcement of environmental laws, with the organization active in over 60 countries via branches, subsidiaries, and partnerships.^[26]^[4] As of 2023, ClientEarth maintains eight offices worldwide, enabling localized implementation of its global litigation model.^[4] In Europe, ClientEarth entities focus on EU-wide policy enforcement and national litigation. The Brussels office, as a Belgian subsidiary (ClientEarth AISBL), specializes in shaping and litigating under EU law across air quality, climate, and chemicals regulations.^[13] Additional European offices in Warsaw (Poland), Berlin (Germany), and Madrid (Spain) facilitate work on domestic enforcement, such as coal phase-outs in Poland and corporate accountability in Germany and Spain, ensuring compliance with both EU directives and national statutes.^[27] ClientEarth's North American operations center on the United States office in Santa Monica, California, established to pursue corporate litigation against fossil fuel companies and greenwashing claims under U.S. securities and consumer protection laws.^[28] This presence supports cross-border cases, including challenges to oil majors' disclosures, leveraging U.S. federal courts for impacts extending to global investors.^[29] In Asia and the Pacific, the Beijing office, opened in 2016, anchors efforts on energy transition and pollution control under Chinese law, with a regional team exceeding 30 law and policy experts.^[30] Expansion into Southeast Asia and Japan began in 2020–2021, targeting clean energy policies and enforcement against coal dependency through advisory work and strategic partnerships rather than new offices.^[31]^[32] Outside office locations, ClientEarth extends operations via collaborations with local lawyers and civil society in Africa (e.g., forest governance in Ghana, Gabon, and Liberia) and Latin America (e.g., resource protection in Indigenous territories), prioritizing law-building without dedicated physical presences to amplify impact through capacity-building.^[33]^[34] This partner-driven approach, formalized in its 2018–2023 strategy, emphasizes scalable legal tools over expansive infrastructure.^[35]

Legal Strategies and Approach

Methodology of Environmental Litigation

ClientEarth's methodology in environmental litigation emphasizes strategic, impact-oriented legal actions designed to enforce existing laws, expose non-compliance, and catalyze broader regulatory and behavioral shifts. The organization selects cases based on their potential to set precedents, influence policy, and address systemic failures in environmental governance, often prioritizing jurisdictions with robust legal frameworks such as the European Union, where directives on air quality, habitat protection, and climate reporting provide enforceable obligations. Litigation serves as a "last resort" after advocacy efforts, targeting governments for implementation shortfalls and corporations for breaches of duty, with a focus on empirical evidence of harm like exceedances of pollution limits or inadequate risk assessments.^[36]^[37] Central to this approach is the use of multiple legal tools beyond traditional court suits, including regulatory complaints, judicial reviews, shareholder derivative actions, and access-to-information requests under frameworks like the Aarhus Convention. For instance, ClientEarth initiates complaints to enforcement bodies—such as the European Commission for member state violations of EU directives—or files derivative suits as a shareholder to challenge corporate directors' fiduciary duties on climate risks, arguing mismanagement under company law principles. Case preparation involves rigorous analysis of legal texts, scientific data, and economic impacts, often collaborating with local lawyers and experts to build evidence dossiers that demonstrate causality between non-compliance and tangible environmental or public health damages. This evidence-based strategy aims to leverage judicial deference sparingly, pressing for accountability where statutory duties are clear, as seen in challenges to fossil fuel project approvals lacking proper environmental impact assessments.^[38]^[37]^[9] In conducting litigation, ClientEarth adopts a multi-jurisdictional, adaptive model, tailoring arguments to national implementations of international standards like the Paris Agreement while invoking EU principles such as precaution and polluter pays. Actions often combine public interest standing with procedural innovations, such as splitting claims across entities to overcome standing barriers or using human rights lenses to frame environmental degradation as rights violations. The organization invests in capacity building, training local actors to sustain long-term enforcement, and monitors outcomes for iterative refinement, though critics note that derivative claims against directors have faced hurdles due to judicial reluctance to second-guess business judgments absent clear statutory breaches. By 2023, this methodology had contributed to over 100 cases across air pollution, biodiversity, and climate domains, with selections guided by criteria like scalability and alignment with organizational priorities rather than volume.^[39]^[40]^[41]

Advocacy and Policy Influence

ClientEarth engages in advocacy to influence environmental policy primarily through submissions to legislative consultations, provision of legal expertise to lawmakers, and public campaigns highlighting policy gaps. The organization has supported governments in drafting climate legislation and enforcing existing laws, emphasizing systemic changes via regulatory frameworks rather than solely litigation.^[16]^[5] In the European Union, ClientEarth has actively shaped legislation by responding to Commission calls for evidence, such as opposing simplification of environmental laws in favor of digitalization and enforcement enhancements on July 7, 2025. It condemned the Commission's leaked draft Omnibus proposal on February 24, 2025, for weakening Green Deal accountability measures, arguing it undermined environmental goals. Similarly, on October 13, 2025, ClientEarth criticized the European Parliament's legal affairs committee for scrapping corporate sustainability rules, framing it as a political concession to business interests.^[42]^[43]^[44] The group advocates for transparency in EU processes, securing the right to challenge decisions violating environmental law and suing the Commission on September 22, 2025, over revised access-to-documents rules deemed illegal rollbacks. ClientEarth has pushed for stronger directives, including the Ambient Air Quality Directive and Green Claims Directive, collaborating with businesses and NGOs on July 17, 2025, to preserve anti-greenwashing provisions. It also monitors industry lobbying, denouncing efforts to delay PFAS chemical bans on January 14, 2025, and warning of legal risks for obstructive tactics.^[45]^[46]^[27] As a registered EU lobbyist, ClientEarth prioritizes policy interventions to embed human rights and climate considerations, such as in framework laws protecting future generations, though its influence often aligns with stricter regulations amid debates over economic impacts. Founder James Thornton was recognized as influential in climate policy, reflecting the organization's role in bridging law, science, and advocacy.^[47]^[48]^[49]

Core Campaign Areas

Air Pollution and Public Health

ClientEarth has pursued legal and advocacy efforts to address air pollution's adverse effects on public health, primarily targeting nitrogen dioxide (NO₂) and particulate matter (PM2.5) from vehicle emissions, which contribute to respiratory diseases, asthma exacerbations, and premature deaths estimated at around 40,000 annually in the UK alone.^[50] The organization emphasizes that non-compliance with EU and national air quality standards violates human rights, including the right to life under the European Convention on Human Rights, as affirmed in rulings by the European Court of Human Rights.^[51] In the United Kingdom, ClientEarth secured landmark victories, including a 2015 Supreme Court ruling that declared the government's air quality plan unlawful for failing to meet NO₂ limits by required deadlines, compelling revisions that accelerated the rollout of clean air zones.^[5] This led to measures like London's Ultra Low Emission Zone (ULEZ), where initial data showed NO₂ reductions of up to 30% in monitored areas within three months of implementation.^[52] Through the Healthy Air Campaign, a coalition involving health and transport groups, ClientEarth has pushed for stricter PM2.5 targets, such as reducing levels to 10 µg/m³ by 2030, arguing that current standards lag behind World Health Organization guidelines and fail to mitigate health burdens like cardiovascular disease.^[53] Across Europe, ClientEarth has initiated litigation in 11 countries, including a 2024 Berlin court decision—the first against the German federal government—requiring amendments to its national pollution reduction plan to align with EU directives and protect vulnerable populations from illegal air levels.^[54] In Poland, the group represents asthma sufferers suing the government for inaction on coal-related pollution, which exacerbates respiratory conditions amid some of Europe's highest PM levels.^[55] Advocacy has also influenced EU policy, contributing to 2024 revisions strengthening air quality standards to curb premature deaths and healthcare costs, though enforcement gaps persist in member states.^[56] Campaigns like Poisoned Playgrounds highlight pollution's disproportionate impact on children near schools and roads, urging localized interventions such as low-emission zones to reduce exposure-linked health risks.^[57] While these efforts have prompted policy shifts and emission reductions, critics note that judicial wins often result in delayed or incremental compliance rather than immediate health improvements, with governments incurring significant legal costs—over £370,000 in UK cases alone by 2017—without fully resolving breaches.^[58] ClientEarth maintains that sustained enforcement is essential, given evidence linking sustained high pollution to long-term public health declines beyond acute episodes.^[59]

Fossil Fuel Industries

ClientEarth's campaigns targeting the fossil fuel sector emphasize litigation to enforce climate-aligned strategies, challenge deceptive marketing, and address emissions from oil, gas, and coal operations. The organization argues that continued reliance on fossil fuels exacerbates global warming, citing IPCC assessments that emissions must halve by 2030 to limit warming to 1.5°C, and seeks to hold companies accountable under corporate governance laws and consumer protection regulations.^[60] These efforts often involve shareholder actions and collaborations with investors, though outcomes have varied, with courts frequently rejecting broad mandates for business model overhauls.^[9] A prominent case was ClientEarth's February 2023 derivative claim against Shell plc's 11 directors in the English High Court, alleging breaches of duties under sections 172 (promotion of company success) and 174 (exercise of reasonable care, skill, and diligence) of the Companies Act 2006. As a minor shareholder with 27 shares, ClientEarth contended that Shell's energy transition plan—projecting only a 6-8% absolute emissions reduction by 2030 and maintaining high fossil fuel production—failed to adequately mitigate climate risks, potentially exposing the firm to stranded assets and regulatory penalties.^[61] Backed by institutional investors managing over $1.5 trillion in assets, the suit sought orders for Shell to align targets with Paris Agreement goals, but the court dismissed it in May 2023 for lacking realistic prospects of success, emphasizing judicial deference to directors' commercial judgments absent clear evidence of negligence; permission to appeal was denied in July 2023.^[62]^[63] ClientEarth has also pursued greenwashing claims against fossil fuel advertising. In 2019, it filed a complaint with the UK's Advertising Standards Authority against BP's "Possibilities Everywhere" campaign, accusing it of misleadingly emphasizing renewables while downplaying BP's core oil and gas activities; BP withdrew the ads amid scrutiny.^[64] In May 2022, ClientEarth joined French NGOs in suing TotalEnergies for ads claiming leadership in the "energy transition" despite 2021 investments exceeding €4 billion in fossil fuels versus €700 million in low-carbon projects; a Paris court ruled on October 23, 2025, that TotalEnergies violated consumer protection laws by misleading the public on its net-zero commitments, ordering cessation of such claims and publication of the judgment.^[65]^[66] Similar critiques extend to natural gas promotion, with ClientEarth filing suit against Washington Gas Light Co. in U.S. courts for portraying gas as "clean and sustainable" despite methane leakage risks making its lifecycle emissions comparable to or worse than coal in some scenarios.^[67]^[68] Beyond litigation, ClientEarth engages fossil fuel firms through investor advocacy, urging alignment with Paris goals via emissions cuts and lobbying for bans on sector advertising.^[69] It has supported U.S. property owners in suing over pollution from 2,000+ abandoned oil and gas wells in Colorado, highlighting cleanup liabilities estimated at $7.5 billion statewide.^[5] Critics, including industry analyses, contend such actions risk overreach by substituting judicial for managerial discretion, potentially deterring investment without verifiable emissions reductions.^[70]

Marine and Biodiversity Protection

ClientEarth has prioritized marine protection through litigation targeting destructive fishing practices, particularly bottom trawling in marine protected areas (MPAs). In collaboration with organizations like Oceana and BLOOM, the group has filed multiple lawsuits against EU member states for failing to enforce bans on such activities. For instance, on September 30, 2024, ClientEarth and BLOOM initiated legal action against France for permitting trawling in Mediterranean MPAs, arguing non-compliance with EU conservation laws. Similarly, on October 29, 2024, ClientEarth and Oceana sued Spain's national high court over bottom trawling in MPAs, and on January 9, 2025, they challenged the Netherlands alongside other NGOs for inadequate restrictions. These efforts aim to enforce existing EU directives designating over 1,000 MPAs covering approximately 20% of European seas, where bottom trawling damages seabed ecosystems.^[71]^[72]^[73] The organization has achieved judicial support for these positions, with the EU General Court issuing rulings on June 11, 2025, and earlier in May 2025, affirming the need to protect ocean ecosystems from harmful gear in MPAs, marking the second and third such decisions in a month. Beyond Europe, ClientEarth has pursued cases like the April 24, 2025, suit against Spain for inaction on illegal fishing by Spanish vessels in West African waters, emphasizing enforcement of international fisheries agreements. Advocacy extends to global forums, including participation in the UN Ocean Conference (UNOC) in June 2025, where ClientEarth pushed for enshrining commitments like the High Seas Treaty—ratified by over 60 countries by September 22, 2025—into domestic law and ensuring MPAs are "truly protected." Their "Only the Ocean" campaign and June 3, 2025, legal complaint highlight gaps in EU enforcement allowing destructive practices in MPAs.^[74]^[75]^[76]^[77] In biodiversity protection, ClientEarth focuses on strengthening legal frameworks to halt habitat loss and species decline, including advocacy for the global 30x30 target to conserve 30% of land and seas by 2030. The group defends European nature sites under the Habitats Directive, challenging inadequate protections for ocean and terrestrial habitats. In Asia, their 2025-2030 Nature Strategy, launched October 10, 2025, embeds biodiversity safeguards into national laws, targeting forests, marine ecosystems, and wildlife amid rapid development pressures. A March 15, 2024, £5 million grant from Arcadia enabled expansion of these global efforts, supporting legal aid for governments and communities in implementing conservation laws. In the Mediterranean, ClientEarth addresses overfishing and bycatch through cases curbing trawling, as outlined in their July 29, 2024, initiatives. They warn that without robust national laws, global biodiversity targets like those from COP16 in October 2024 risk failure, prioritizing enforcement over new commitments.^[39]^[78]^[79]^[80]^[81]^[82]^[83] ClientEarth's Blue Manifesto, released prior to 2030 ocean health goals, outlines actionable steps for EU policymakers, including phasing out harmful subsidies and restoring marine habitats, while their briefings stress enforcement of frameworks like the Common Fisheries Policy as prerequisites for restoration. These marine and biodiversity activities integrate with broader campaigns, such as a June 15, 2023, submission to the International Tribunal for the Law of the Sea on climate obligations for ocean conservation.^[84]^[85]^[86]

Corporate Reporting and Greenwashing

ClientEarth has campaigned for enhanced corporate environmental, social, and governance (ESG) reporting standards, advocating mandatory disclosures on climate risks to align financial practices with environmental realities. In response to perceived inadequacies in U.S. corporate disclosures, ClientEarth lawyers proposed seven recommendations in 2021, including enforceable requirements for Scope 1, 2, and 3 emissions reporting and integration of climate risks into financial statements under the Securities and Exchange Commission (SEC).^[87] They have criticized major accounting firms, such as the "Big Six," for insufficient progress in embedding climate considerations into audit and advisory services, noting in 2023 that these firms' commitments often lack verifiable implementation.^[88] A core initiative, the Greenwashing Files launched around 2020, profiles discrepancies between public claims and operational realities of fossil fuel majors like BP, TotalEnergies, and ExxonMobil. For instance, the project highlighted ExxonMobil's 2014-2016 advertising touting a "pathway to possible net-zero emissions" while committing $20-25 billion annually through 2025 to fossil fuel exploration, arguing this undermines credible transition plans.^[89] ^[90] ClientEarth defines greenwashing as corporate messaging that exaggerates sustainability efforts, such as downplaying emissions or overstating clean energy investments, and has urged regulators to enforce anti-misleading provisions under consumer protection laws.^[91] ^[92] In legal actions, ClientEarth filed a 2024 complaint with France's Autorité des Marchés Financiers (AMF) against BlackRock, alleging violations of the EU Sustainable Finance Disclosure Regulation (SFDR) for labeling funds as sustainable despite over $1 billion in fossil fuel holdings per fund, which purportedly fail the "do no significant harm" test.^[93] ^[94] Similarly, in September 2025, ClientEarth sued Nestlé Poland over Nałęczowianka bottled water packaging claims implying recyclability mitigates environmental harm from single-use plastics, contending these breach Polish and EU consumer laws by creating false impressions of sustainability.^[95] ^[96] These efforts extend to warning advertising agencies of liability for facilitating unsubstantiated green claims, citing rising regulatory scrutiny post-2020.^[97] ClientEarth's reporting advocacy intersects with greenwashing challenges by pushing for verifiable metrics in corporate sustainability disclosures, such as alignment with Paris Agreement goals, amid critiques that voluntary ESG frameworks enable selective reporting. While their profiles and complaints have prompted regulatory investigations, outcomes remain pending in several instances, with no widespread enforcement data confirming systemic reductions in misleading claims as of October 2025.^[98]

Notable Legal Cases

Victories and Enforcements

ClientEarth secured multiple judicial rulings enforcing UK compliance with EU-derived air quality standards under the Air Quality Directive. In a landmark 2015 Supreme Court decision, the court affirmed that the government's air quality plans failed to ensure nitrogen dioxide limits would be met within the shortest possible time, mandating revised plans by December 31, 2015. This was followed by a 2016 High Court victory declaring subsequent plans unlawful for lacking enforceable measures, such as traffic bans in 37 cities, resulting in further mandated revisions and contributing to London's achievement of legal air pollution limits citywide by April 2023.^[99]^[58] A third High Court ruling in 2020 deemed the updated plans inadequate, ordering additional remedial actions that accelerated vehicle emission reductions and infrastructure changes.^[100] In Poland, ClientEarth won a 2019 District Court case against state-owned utility Enea, ruling that shareholders' approval of a coal-fired power plant investment ignored climate-related financial risks, breaching directors' duties to prioritize company interests.^[101] The court invalidated the decision, enforcing greater consideration of fossil fuel transition risks in corporate governance. Similarly, in Kraków, a 2017 provincial court victory upheld local bans on high-pollution solid fuels, enforcing stricter emission controls and improving public health outcomes in the region.^[102] ClientEarth supported enforcement actions yielding air quality improvements in Germany, where 31 collaborative lawsuits concluded successfully by 2023, roughly doubling projected pollution cuts through mandated diesel vehicle restrictions and retrofit programs in cities like Stuttgart and Munich.^[103] In July 2024, the Federal Administrative Court ruled against the federal government for insufficient nitrogen oxide reduction plans, an EU-first enforcement compelling nationwide revisions aligned with updated WHO guidelines.^[54] On climate strategy enforcement, a July 2022 High Court judgment found the UK government's Net Zero Strategy breached the Climate Change Act 2008 by omitting credible short-term emissions reduction plans, requiring a compliant rewrite by March 2023.^[104] In December 2024, an Italian court annulled approval for a Po Delta gas extraction project, enforcing biodiversity protections under EU habitats law and halting threats to dolphins and turtles.^[105] In greenwashing enforcement, ClientEarth backed a October 2025 Paris court ruling that TotalEnergies' advertising misled consumers by implying alignment with net-zero goals amid ongoing fossil fuel expansion, prohibiting such claims and fining the company for deceptive practices.^[65] These outcomes have compelled regulatory scrutiny and corporate adjustments, though critics argue they prioritize litigation over verifiable emission declines.^[106]

Dismissals and Setbacks

In May 2023, the High Court of England and Wales dismissed ClientEarth's shareholder derivative action against the board of directors of Shell plc, ruling that the organization had failed to establish a prima facie case of breach of directors' duties under sections 172 and 174 of the Companies Act 2006.^[107]^[108] The claim, initiated in February 2023 with ClientEarth holding just 27 shares in the company, alleged that Shell's directors had mismanaged climate risks by not aligning the firm's energy transition strategy closely enough with a 1.5°C global warming limit under the Paris Agreement, thereby neglecting duties to promote the company's success and exercise reasonable care and skill.^[109] Mr Justice Trower determined that the proposed strategy adjustments sought by ClientEarth—such as increasing renewable investments to 50% of capital expenditure and limiting fossil fuel production—did not demonstrate inevitable breaches, given the directors' broad discretion and Shell's existing net-zero ambitions by 2050.^[110] ClientEarth's subsequent application for permission to appeal was refused by the Court of Appeal on July 24, 2023, with the court finding the claim had insufficient prospects of success and no compelling reason for a full hearing.^[109]^[111] This outcome represented a significant limitation on using derivative actions to challenge corporate climate strategies under UK company law, as the judgments emphasized deference to board-level commercial judgments absent clear evidence of negligence or irrationality.^[7] In September 2024, the General Court of the European Union dismissed ClientEarth's appeal seeking greater transparency in EU fisheries policy documents, upholding the European Commission's refusal to disclose certain internal assessments on fishing quotas and sustainability.^[112] The court ruled that the requested information was protected under exceptions for deliberative processes and international relations, and ordered ClientEarth to cover the proceedings' legal costs, highlighting constraints on NGO access to administrative documents in environmental governance.^[112] ClientEarth also faced dismissal of a renewed judicial review challenge against a Financial Conduct Authority decision on sustainability-related disclosures, with the High Court rejecting the claim in 2023 as lacking arguable grounds, further underscoring hurdles in litigating ESG regulatory approvals.^[113]

Impact and Effectiveness

Environmental and Policy Outcomes

ClientEarth's litigation has prompted policy responses aimed at curbing air pollution in several European jurisdictions. In the United Kingdom, three successful court challenges against the government between 2015 and 2018 compelled the development of statutory air quality plans, including the introduction of ultra-low emission zones (ULEZ) in London and other cities, which mandated stricter vehicle emission standards and congestion charges for high-polluting vehicles.^[104]^[114] These measures have correlated with localized declines in nitrogen dioxide (NO₂) concentrations, though broader attribution to ClientEarth's actions amid concurrent technological and regulatory shifts remains debated. In Germany, ClientEarth-supported cases led to a 2024 federal court ruling requiring amendments to the national pollution reduction plan to align with EU limits, building on prior regional litigation. Analysis of monitoring data from 39 cities with active air quality lawsuits showed an average NO₂ reduction of 4.2 µg/m³ between 2018 and 2019, compared to a national average drop of approximately 2 µg/m³, suggesting accelerated compliance in litigated areas through enhanced traffic restrictions and retrofit programs.^[103]^[54] However, long-term verification of sustained environmental gains depends on enforcement, with 2023 data indicating persistent exceedances in many zones. On fossil fuel policy, ClientEarth's advocacy influenced the European Investment Bank's (EIB) decision in November 2019 to phase out financing for unabated fossil fuel projects by the end of 2021, ending support for upstream oil and gas extraction and coal projects.^[5] This shift redirected billions in public funding toward renewables, though the EIB's total fossil fuel commitments prior to the policy totaled €5.7 billion since the 2015 Paris Agreement, highlighting the scale of prior exposures. Independent causal links to ClientEarth are indirect, as the policy emerged from multi-stakeholder consultations. Broader policy outcomes include contributions to EU reforms enhancing public access to environmental justice, finalized in 2021 after 13 years of advocacy, which removed financial barriers to lawsuits and expanded standing for NGOs.^[115] Empirical data on downstream biodiversity or emissions reductions from such procedural changes is limited, with effectiveness hinging on national implementation rather than direct ClientEarth enforcement. Overall, while court-mandated plans have driven targeted interventions, quantifiable net environmental improvements—such as avoided emissions or habitat preservation—lack comprehensive third-party quantification, complicating assessments of systemic impact beyond procedural wins.

Economic and Industry Critiques

ClientEarth's litigation strategy has faced scrutiny from the energy sector for generating substantial legal defense costs and operational disruptions for targeted companies, even when claims fail. In the 2023 derivative action against Shell's board of directors alleging inadequate climate risk management, the English High Court dismissed the claim in May, denying permission to continue, and in August ordered ClientEarth to cover Shell's incurred costs, highlighting the financial burden of defending against such shareholder activism.^[116] Shell rejected the allegations, maintaining its strategy aligns with fiduciary duties and market realities.^[117] Successful interventions have resulted in project halts with measurable economic fallout. ClientEarth's 2019 shareholder suit against Polish utility Enea challenged the financial rationale for the Ostrołęka C coal-fired power plant, leading a Warsaw court to invalidate the authorizing resolution in August 2019; Enea and partner Energa subsequently suspended construction and funding in May 2020, stranding prior investments valued at approximately PLN 1.6 billion (around €360 million at the time) and inflicting a reported PLN 1 billion loss on the firms amid shifting market conditions for coal.^[118] ^[119] Enea later pursued claims against former executives and insurers over due diligence failures tied to the abandoned venture, underscoring the cascading financial repercussions.^[120] Broader analyses of climate-related lawsuits, in which ClientEarth has been a prolific participant—including high-profile actions against fossil fuel firms—indicate targeted companies experience an average 0.41% decline in stock returns upon filing announcements or adverse rulings, reflecting investor concerns over heightened regulatory and transition risks.^[121] Energy industry observers contend such actions amplify uncertainty, potentially deterring capital allocation to traditional sectors and contributing to elevated compliance expenses without commensurate environmental gains, though empirical attribution to ClientEarth specifically remains debated amid multiple litigation actors.^[121]

Criticisms and Controversies

Allegations of Overreach and Lawfare

ClientEarth has faced accusations of overreach in its litigation strategy, particularly through the use of derivative actions and judicial reviews to compel specific environmental outcomes that critics argue encroach on managerial discretion and democratic processes. In a prominent case filed on February 8, 2023, ClientEarth, holding just 27 shares in Shell plc (representing a 0.02% stake), sought permission for a derivative claim against the company's 11 directors, alleging breaches of fiduciary duties under sections 172 and 174 of the UK Companies Act 2006 due to inadequate alignment of Shell's energy transition strategy with the Paris Agreement's 1.5°C warming limit. The High Court denied permission on May 12, 2023, ruling that ClientEarth's demands—such as mandatory emissions reductions of 20-45% by 2030 from 2016 levels and alignment with International Energy Agency net-zero scenarios—amounted to imposing "absolute" or "incidental" duties that improperly restricted directors' broad discretion to balance competing stakeholder interests, including financial viability and energy security. Justice Trower emphasized that such claims ignored the "complexity of managing a business" like Shell's and positioned courts as ill-equipped to second-guess strategic judgments, describing the approach as a "single-minded focus" incompatible with genuine derivative actions. The court further found prima facie evidence of an ulterior motive, with ClientEarth's minimal shareholding and emphasis on policy advocacy over company-specific harm suggesting the suit advanced the organization's broader climate agenda rather than protecting Shell shareholders.^[122] Shell contended this constituted a misuse of the derivative procedure, a view upheld in the ruling, which noted that pursuing claims for "publicise and advance its own policy agenda" would be "a clear misuse" of the mechanism designed for internal corporate remedies.^[122] Legal analysts have echoed this, arguing the case exemplified abuse of derivative actions to "second-guess the board's judgement" on risk management, bypassing shareholder votes or market mechanisms.^[123] ClientEarth's appeal was dismissed by the Court of Appeal on November 15, 2023, reinforcing that the modest stake indicated motives "not aligned with the broader interests of Shell's shareholders."^[124] Critics have framed ClientEarth's pattern of suits— including repeated judicial reviews against regulators like the UK Financial Conduct Authority over approvals such as Ithaca Energy's 2022 prospectus, dismissed in January 2024 as "unarguable" and lacking "realistic prospect of success"—as "lawfare," a tactic to harass companies and governments into policy concessions through legal attrition rather than evidence-based enforcement.^[125] Paul Tice, a fellow at NYU Stern School of Business, described the Shell action as escalating "standard climate lawfare" by personalizing attacks on directors to erode executive autonomy and impose "self-destructive emission reduction targets," invoking Saul Alinsky's rules for targeting individuals to advance progressive goals.^[126] Similarly, commentary on ClientEarth's successes in challenging UK net-zero strategies—such as High Court wins in July 2022 and February 2024 requiring revisions under the Climate Change Act 2008—has raised concerns of judicial overreach subverting democracy, with courts accused of enforcing vague commitments at the expense of elected policy trade-offs like economic costs.^[127] ClientEarth maintains its actions uphold existing legal duties amid material climate risks, but judicial rejections in high-profile derivative and review claims substantiate allegations that its strategy prioritizes ideological ends over procedural bounds.^[128]

Ideological and Funding Concerns

ClientEarth's funding primarily derives from philanthropic foundations and private donors dedicated to environmental causes, with notable grants including £5 million from the Arcadia Foundation in March 2024 for global biodiversity litigation efforts over five years.^[129] Other supporters encompass the MacArthur Foundation, which has provided grants for legal and regulatory assistance on environmental issues, and initial startup funding from the McIntosh Foundation.^[3]^[10] In 2017, the organization reported total earnings of approximately £11.4 million, with significant allocations to strategic litigation (£4.6 million) and programs on climate, forests, and biodiversity.^[10] Celebrity backing, such as from members of the band Coldplay, has also contributed financially.^[10] Critics, particularly from industry and conservative perspectives, contend that this funding model fosters an ideological alignment with progressive environmental philanthropy, potentially biasing ClientEarth's legal strategies toward aggressive enforcement of decarbonization targets over balanced economic considerations.^[130] For example, opponents of ClientEarth's shareholder actions, such as the 2021 derivative claim against Shell's directors, argue that such suits seek to embed specific climate policies into corporate governance via judicial fiat, undermining market efficiency and imposing "ideological agendas" rather than adhering to fiduciary duties focused on shareholder value.^[130]^[131] ClientEarth's opposition to nuclear energy alongside fossil fuels has drawn further scrutiny for rejecting low-carbon alternatives deemed viable by energy security analyses, prioritizing an absolutist anti-extraction stance.^[10] In June 2025, a European Parliament question highlighted concerns over EU grants to ClientEarth—reportedly including €350,000—questioning whether such public funds enable an "ideological fight against European companies through legal proceedings," reflecting broader right-wing critiques of NGO funding as a tool for policy advocacy bypassing elected legislatures.^[132] These perspectives, often amplified in conservative outlets amid pushes to scrutinize environmental NGO budgets, contrast with mainstream coverage that seldom interrogates the incentives created by foundation grants from entities like MacArthur, known for supporting left-leaning causes, potentially due to shared institutional alignments.^[133] While ClientEarth maintains its work is evidence-driven and independent, skeptics assert that donor priorities on rapid net-zero transitions may drive litigation volumes exceeding verifiable environmental gains, echoing patterns in climate advocacy where empirical cost-benefit analyses receive less emphasis than precautionary imperatives.^[130]

Key Personnel and Affiliations

Founders and Notable Employees

ClientEarth was founded by James Thornton in 2007 as a non-profit environmental law organization aimed at enforcing environmental protections through litigation, advocacy, and policy work initially focused on Europe but later expanded globally.^[19] Thornton, a qualified lawyer in New York, California, England and Wales, and before the U.S. Supreme Court, previously directed the Citizens’ Enforcement Project at the Natural Resources Defense Council, where he filed over 80 federal lawsuits under the Clean Water Act, and established NRDC’s Los Angeles office for international environmental efforts.^[19] He served as the organization's inaugural CEO, pioneering its model of using public interest law to compel governmental and corporate compliance with environmental regulations, and currently holds the role of President.^[134] ^[19] Among notable employees, Laura Clarke assumed the position of Chief Executive Officer in September 2022, overseeing operations across ClientEarth's international offices and strategic litigation initiatives.^[16] Clarke's leadership has emphasized scaling the organization's impact on climate policy and sustainable finance, earning her recognition in TIME magazine's 2024 Climate 100 list for influential business leaders in climate action.^[135] Professor Ludwig Krämer, a preeminent authority on European Union environmental law, joined as senior counsel, contributing expertise from his prior roles including as the EU Commission's first head of environmental enforcement and authorship of over 20 books and 250 articles on the subject.^[136] ^[137] Krämer's work at ClientEarth has focused on analyzing enforcement gaps in EU directives, citizen involvement in environmental governance, and access to information under the Aarhus Convention.^[138] ^[139]

Patrons and Partners

ClientEarth receives funding from charitable foundations, government giving programs, and individual donors, with approximately 80% of its income consisting of restricted funds designated for specific projects by foundations and governments.^[13] Major philanthropic supporters include the Children's Investment Fund Foundation (CIFF), which provided £4,310,072 in 2021; the Grantham Foundation for the Protection of the Environment; the AKO Foundation; Arcadia; Rockefeller Philanthropy Advisors; and the European Climate Foundation (ECF).^[13]^[140] Government contributors include the Norwegian Agency for Development Cooperation (Norad) through Norway's International Climate and Forest Initiative (NICFI).^[13] Early startup funding came from the McIntosh Foundation.^[10] High-profile patrons include the band Coldplay, whose members have provided financial support and collaborated on initiatives such as the "Soil is Life" project and World Soil Day videos.^[141]^[10] ClientEarth maintains partnerships with organizations for collaborative environmental advocacy and funding efforts, including TransitionZero for data-driven legal work on energy transitions in Southeast Asia, announced in January 2024.^[142] The Gallery Climate Coalition, in partnership with Christie's auction house, raised funds from the art market for ClientEarth's initiatives in 2022.^[143] Hauser & Wirth has donated to establish ClientEarth's U.S. operations, focusing on climate finance litigation.^[144] Additional collaborations involve training programs with the University of Oxford for Chinese environmental judges and joint actions with other NGOs against practices like bottom trawling in Europe.^[145]^[146] ClientEarth also works with local NGOs and environmental lawyers for case referrals and enforcement in regions like Latin America and Africa.^[13]

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[104]
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[105]
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Court dismisses ClientEarth's climate claim against Shell's directors
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UK: ClientEarth's case against Shell over allegedly misleading ...
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ClientEarth Loses EU Court Appeal Over Fisheries Transparency
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ClientEarth's judicial review bid denied - Farrer & Co
The High Court recently dismissed a renewed judicial review application by environmental NGO ClientEarth against a FCA decision.
[114]
Latest legal challenge to Tory air pollution plans fails - The Guardian
Jul 5, 2017 · In court ClientEarth's argued that the government's own research proved the most effective way to reduce toxic air is by discouraging polluting ...Missing: litigation | Show results with:litigation<|separator|>
[115]
Climate action: what we've achieved in 2021 - ClientEarth
Dec 1, 2021 · After 13 years of fighting, we finally achieved a landmark reform of EU access to justice laws. The reform lifts the main barriers preventing ...
[116]
ClientEarth to Pay Shell's Costs Derivative Claim Denied | Publications
Sep 6, 2023 · Mr Justice Trower, on August 31, 2023, ordered ClientEarth to pay Shell's costs in connection with all aspects of the action, including submissions and ...
[117]
Shell facing legal action over oil and gas operations | Netzeroinvestor
Feb 9, 2023 · Shareholder support Responding to the case and ClientEarth's claims, a Shell spokesperson said: “We do not accept ClientEarth's allegations. ...
[118]
PLN 1bn hit for companies as Poland's newest coal project becomes ...
May 20, 2020 · In 2019, Enea lost a legal case brought by shareholder ClientEarth challenging the “indefensible” financial risks of the investment – which have ...
[119]
Polish energy giants abandon coal-fired power plant project. Has ...
May 21, 2020 · In 2019, Enea lost a legal case brought by the environmental NGO ClientEarth challenging the “indefensible” financial risks of the investment.
[120]
Polish energy giant sues former directors and insurer over failed ...
Feb 1, 2024 · The management of Polish energy giant Enea are suing the company's former directors and its insurers for lack of due diligence over a coal power plant ...
[121]
Impacts of climate litigation on firm value | Nature Sustainability
Nov 19, 2024 · We show that firms experience, on average, a 0.41% fall in stock returns following a climate-related filing or an unfavourable court decision.
[122]
[PDF] ClientEarth -v- Shell judgment - Courts and Tribunals Judiciary
Jul 24, 2023 · If established, this would be a clear misuse of the derivative claim procedure because, even if this motive might occasionally step hand in ...
[123]
[PDF] the failed derivative action by clientearth against shell's directors ...
In other words, the basic message of the ruling is that the derivative action and courts may not be abused to second-guess the board's judgement in developing a ...
[124]
Court of Appeal blocks ClientEarth climate case against Shell
Nov 21, 2023 · The judge concluded that ClientEarth's modest shareholding indicated an ulterior motive that was not aligned with the broader interests of ...
[125]
ClientEarth fails in judicial review of the FCA - Dentons
Feb 2, 2024 · The Administrative Court has again, in a resounding judgment, refused ClientEarth's application for judicial review of the FCA's decision to approve Ithaca ...
[126]
The ESG Attack on Energy Becomes Personal - Paul Tice - NYU Stern
Mar 4, 2023 · ... lawfare that has been used against the industry for years with Saul ... In early February, the environmental law firm ClientEarth ...<|separator|>
[127]
Climate lawfare: saving the planet or subverting democracy ...
Climate lawfare: saving the planet or subverting democracy? ... Climate lawfare: saving the planet or subverting democracy? ... In July 2022, ClientEarth and other ...
[128]
Court fails to engage with key climate risk arguments in Shell ...
Nov 15, 2023 · The High Court of England and Wales dismissed the lawsuit without considering the merits earlier this year, which ClientEarth appealed.
[129]
ClientEarth receives £5 million Arcadia grant towards tackling global ...
Mar 14, 2024 · ClientEarth, the non-profit lawyers for the planet, received a new, five-year award from Arcadia, a charitable foundation, to support its critical work.
[130]
[PDF] Directors' duties and climate change - Supreme Court
Feb 27, 2025 · undermines market efficiency and imposes ideological agendas on corporate governance. ... ClientEarth v Shell46 the claimant was an environmental ...
[131]
[PDF] 23-60230 Document: 96 Page: 1 Date Filed: 09/20/2023 - ClientEarth
Sep 20, 2023 · Climate-related resolutions do not reflect political interference; they are examples of healthy investor stewardship. 38 Managers also have ...<|separator|>
[132]
Parliamentary question | E-002360/2025 | European Parliament
Jun 11, 2025 · For instance, ClientEarth is reported to have received EUR 350 ... ideological fight against European companies through legal proceedings?
[133]
Rightwing MEPs threaten huge funding freeze for environmental ...
Feb 4, 2025 · Several environmental NGOs could be effectively shut down in Europe, if a defunding push by rightwing MEPs is successful, campaigners say.
[134]
James Thornton - President & Founder of ClientEarth | LinkedIn
James Thornton is the founding CEO of ClientEarth, Europe's leading environmental law organisation. The New Statesman named him one of 10 people who could ...
[135]
Laura Clarke OBE, named in the TIME100 Climate list ... - ClientEarth
ClientEarth's CEO, Laura Clarke OBE, has been included in the TIME100 Climate list for 2024. This is the second year that TIME magazine has published its list ...Missing: employees | Show results with:employees
[136]
Dr. Ludwig Krämer - Iucnael
Professor Dr. Ludwig Krämer, one of the leading experts on environmental law and policy in the European Union, is currently senior counsel of Client Earth.
[137]
Dr Ludwig Kramer | UCL UCL Centre for Law and Environment
He is currently a Senior Counsel to ClientEarth and a board member of the Advisory Board of Justice and Environment. Ludwig Krämer has written extensively ...
[138]
EU environmental Governance - ClientEarth
Ludwig Kramer offers an overview of the evolution of environmental policy and law in Europe, its actors and processes, its enforcement and potential for ...
[139]
From Great Principles to Daily Practice – Improving ... - ClientEarth
Professor Ludwig Krämer sets out the importance of effective implementation and application of existing environmental legislation, given the failure of the ...
[140]
[PDF] Annual Report and Financial Statements - ClientEarth
ClientEarth is registered on the EU Transparency register number: 96645517357-19. Our goal is to use the power of the law to develop legal strategies and tools ...
[141]
Coldplay supports ClientEarth
Since then, Coldplay and ClientEarth's many collaborations have included the band's project 'Soil is Life', a video for World Soil Day, and our 'Playlists ...
[142]
TransitionZero and ClientEarth Partner to Accelerate Energy ...
Jan 24, 2024 · This collaboration combines TransitionZero's data and modelling expertise with ClientEarth's legal and regulatory insight, and aims to build technical and ...
[143]
Impact: Artists For ClientEarth | Gallery Climate Coalition
Jun 23, 2022 · GCC has committed to raising funds from within the art market in order to support vital work being done by frontline environmental organisations.
[144]
ClientEarth - Hauser & Wirth
Our donations to ClientEarth have directly supported the establishment of ClientEarth's US operation. Their focus in the US is climate finance. Using their ...Missing: patrons funding
[145]
ClientEarth deliver training for 12 Chinese Environmental Judges in ...
The programme was designed to equip the judges from across China with learning and case studies on European and UK environmental adjudication practices.
[146]
ClientEarth: Harnessing the Power of Law for People and Planet
Jun 21, 2025 · In partnership with other NGOs, ClientEarth launched actions against the Spanish and French governments for enabling destructive bottom trawling ...