How agribusiness contributes to global heating, and the rise of strategic litigation 

Climate litigation is increasingly focussing on the agriculture and land use sectors, which is not surprising, given their high greenhouse gas emissions. Our latest briefing explores how companies in these sectors should take action to reduce their environmental impacts, or increase their exposure to legal risk.

Background

Overall, agriculture is estimated to be responsible for 16-27% of human-caused climate-warming emissions worldwide. Some estimates go even further and put this figure closer to a third.

The biggest byproduct in the agriculture and land use sectors is methane: a gas with a shorter and more intense period of warming than carbon dioxide. Put in numbers, it is 86 times stronger over 20 years, and 28 times stronger over 100 years – and agriculture is the biggest contributor to global levels.

Nitrous oxide is another potent emission created by the sectors: this byproduct of  synthetic fertiliser use is as similarly long-lived as carbon dioxide, but creates 273 times the warming over a 100-year period.

What’s the issue?

These sectors are inherently vulnerable to the damage done by global heating. That includes changing weather patterns creating flooding, fire, or circumstances soil or crops can’t adapt to, or the health of livestock and agricultural workers.

For these reasons, it’s vital that agribusinesses review and amend their environmentally damaging practices. This is best viewed through the lens of the triple planetary crisis – climate change, pollution and biodiversity loss – as these are all issues that the agriculture industry suffers from yet contributes to.

The complexity of the food system, societal calorific imbalance, and the fact that no ‘one size fits all’ approach can be applied means that policy action on agricultural emissions has been slow. As a result, legal action is increasing, seeking to create accountability and filling the gap left by policymakers.

What do we recommend?

1. Companies understand and report on the risks as a result of a changing climate, damage to nature and biodiversity loss, in respect of both their business and others, created by their business.

2. Armed with that information, companies should address their impact and consider how they will adapt to the changing climate: taking concrete, ambitious steps towards a) net zero b) biodiversity support c) reducing pollution.

3. Considering all parts of the business will be necessary and comprehensive supply chain due diligence should be carried out.

4. Companies should avoid greenwashing, whether in the reporting carried out or other communications, including with the public.

What’s covered in the briefing?

• A summary of the impact of the agriculture and land use sectors on climate change and progress made so far.

• Summary of selected legal risks for companies operating in the sectors through review of recent cases.

• The potential application of principles determined in other climate cases to the sectors.

• Conclusions and recommendations.

• Annexes considering of the role of the government and policy opportunities.