Can climate litigation save the world? [March 2018]
Litigation represents a new front of climate action, with citizens aiming to force stronger moves to cut carbon emissions, and win damages to pay the costs of dealing with the impacts of warming. Cases are being brought across the globe, with more than 1,000 suits now logged by the Sabin Center for Climate Change Law at Columbia law school in New York. Further cases are under way from India to Uganda, and across Europe. In Colombia, 25 young plaintiffs are talking to the courts to halt deforestation. link
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October 26: U.S. Supreme Court has put the brakes on the landmark youth-led climate lawsuit – link
2018 updates as Juliana lawsuit moves to trial
July 20 2018: U.S. loses bid to end children’s climate change lawsuit. A federal appeals court in San Francisco rejected the Trump administration’s renewed bid to dismiss a lawsuit by young activists who say the U.S. government is ignoring the perils of climate change. By a 3-0 vote, the 9th U.S. Circuit Court of Appeals said the government fell short of the “high bar” needed to dismiss the Oregon case, originally brought in 2015 against the administration of President Barack Obama. link July 30 2018: Supreme Court denies Trump administration request to halt youth climate lawsuit. link
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Below
- Juliana lawsuit
- ClientEarth
- Actions around the world
Sabin Center for Climate Change Law
Juliana lawsuit
The lawsuit uses a legal theory known as atmospheric trust litigation, which argues the government must hold certain common elements such as rivers or shorelines, and in this case, the atmosphere, for public use. By failing to protect and preserve a clean atmosphere for future generations, by promoting fossil fuels, for instance, the lawsuit argues that the government is violating its obligation to the public trust.
April 2018: Juliana Lawsuit date announced. U.S. District Judge Ann Aiken in Eugene, Oregon, will begin hearing evidence October 29. There will be no jury.
July 2018: Nobel-winning economist to testify in Juliana climate lawsuit. Joseph Stiglitz, one of the world’s top economists, has written an expert court report that forcefully supports a group of children and young adults who have sued the federal government for failing to act on climate change. In a court brief, he writes that fossil fuel-based economies impose ‘incalculable’ costs on society and shifting to clean energy will pay off. Stiglitz has submitted briefs for Supreme Court cases and normally charges $2,000 an hour for legal advice, but is working pro bono at the request of the attorneys representing the children. He is one of 18 expert witnesses planning to testify in the case, scheduled for trial later this year, the children’s lawyers said. link
The climate change lawsuit the Trump administration is desperate to stop going to trial. (March 2017) A groundbreaking climate lawsuit, brought against the federal government by 21 children, has been hailed by environmentalists as a bold new strategy to press for climate action in the United States. But the Trump administration, which has pledged to undo Barack Obama’s climate regulations, is doing its best to make sure the case doesn’t get far. The Trump administration this week filed a motion to overturn a ruling by a federal judge in November 2016 that cleared the lawsuit for trial, and filed a separate motion to delay trial preparation until that appeal is considered. The lawsuit, the first of its kind, argues the federal government has violated the constitutional right of the 21 plaintiffs to a healthy climate system. Environmental groups say the case, if it’s successful, could force even a reluctant government to reduce greenhouse gas emissions and take other measures to counter warming. Read more The litigation, ignited by Our Children’s Trust in 2015, relies on the public trust doctrine, a legal canon that stresses the government’s hold on resources such as land, water or fisheries as treasure for the people. The children’s lawsuits extend that principle by asserting the government also is a trustee of the atmosphere.
December 2017: The most important environmental case of the century. If District Court Judge Aiken’s opinion is upheld in the current case, then it will arguably be on its way to becoming the most important environmental case of the century. The question in the current conflict is who would prevail – the District Court or the Trump administration? link
Part 2: What if the case proceeds? What distinguishes Juliana v. U.S. from all the cases that have gone before is the opportunity it offers to elevate environmental protection to a Constitutional right. link
June 2017: Judge agreed to let the country’s biggest fossil fuel lobbies withdraw from the case, which may shield them from having to turn over documents. link
See also:
Our Children’s Trust: full coverage – link
Inside Climate News analysis – link
November 2016 Judge Aiken ruling – pdf
Client Earth
ClientEarth works to protect the environment through advocacy, litigation and science. We base our strategic decisions on the best research and policy analysis. We act on legal opportunities, whether influencing decision-makers or in court. Strong laws are the best tools we have to protect the environment. By combining our legal expertise with scientific understanding, we work to tackle issues ranging from climate change to habitat loss, air pollution to deforestation. link
James Thornton is the founding CEO of ClientEarth. James Thornton founded ClientEarth, Europe’s first public interest environmental law organization, in 2007. Now operating globally, it uses advocacy, litigation and research to address the greatest challenges of our time, including biodiversity loss, climate change, and toxic chemicals. Its work is always built on solid law and science. The New Statesman has named him as one of 10 people who could change the world. link
September 2017: James Thornton’s connection to China. “I have no cynicism about whether they mean to do it. My job is to try and clean up the environment for future generations. The Chinese really want to do that.” This task, apparently insurmountable for the west, is made possible by China’s 2,500-year tradition of centralised government. “They said, we have a long-term vision, we want to be here in another 2,000 years and that will only happen if we clean up the environment. So we have determined that we’re going to deal with our environmental problems and we’re going to do so in a very thoroughgoing way.” link
Actions around the world
May 2018: EU taken to court over 2030 emissions target. Ten families from Portugal, Germany, France, Italy, Romania, Kenya and Fiji and the Swedish Sami Youth Association Sáminuorra, filed a lawsuit against the European Parliament and the European Council over EU emissions target. They claim the “inadequate” target to reduce domestic greenhouse gas emissions at least 40% by 2030, as compared to 1990 levels, does not protect their fundamental rights. link
April 6 2018: Colombia’s top court orders government to protect Amazon forest in landmark case. 25 young plaintiffs in Colombia, (ages from 7 to 26) win lawsuit against the government demanding it protect their right to a healthy environment. The plaintiffs said the government’s failure to stop the destruction of the Amazon jeopardized their futures and violated their constitutional rights to a healthy environment, life, food and water. link
May 2018: Kids challenge Alaska’s climate paradox. 16 young Alaskans are suing the state of Alaska for causing climate change and failing to protect the climate for future generations. They are asking for a science-based energy policy, one that will shift to renewable energy sources and bring greenhouse gas emissions to zero by 2050. link
April 2018: Kids file suit against Florida governor – link
December 2017: Democratic attorneys general take on Trump – link
PLAN B – UK action group. The UK Government knows its carbon target for 2050 doesn’t align to science or its legal obligations, and that it’s not enough to keep us safe. So twelve of us (aged 9 to 79) are taking them to court. PLAN B is a charity committed to holding governments and other to account for their contribution to climate change, and to supporting the emergence of a global movement of climate litigation. link
September 2017: Portuguese schoolchildren seeking action from European court of human rights. Portuguese schoolchildren from the area struck by the country’s worst forest fires are seeking crowdfunding to sue 47 European countries, alleging that the states’ failure to tackle climate change threatens their right to life. link (October update: Fundraising target reached – link)
In 2015, environmental plaintiffs in the Netherlands, South Africa and Pakistan, as well as Massachusetts and Washington State, won similar human rights or constitutional cases that force authorities to more aggressively cut carbon emissions.
June 2015: Dutch government ordered to cut carbon emissions in landmark ruling – link
March 2017: How climate change battles are increasingly being fought, and won, in court – link
May 2016: Children win another climate change legal case in Massachusetts supreme court – link