Environmental Law vs. Climate Change

You may have heard about climate change; how it’s getting worse, and the numerous impacts it could have on our world. And you may wonder, how could we ever put a stop to this disastrous issue? The answer may be more simpler than it seems: the law. Laws can ensure how much pollution factories are allowed to release, international laws can make countries work together in order to battle climate change, and there are many more ways law can benefit the environment. Organisations or people can and have used climate litigation in order to push for more changes regarding climate change. As climate change worsens, the law may be the solution to paving the way for an eco-friendly future. Climate litigation has already become more popular as the number of climate related cases has continued to rise in the past few years. Here are a few notable cases. 

Juliana V. United States

While this wasn’t the first climate case, it was a significant one that represents the growing movement of climate litigation. The case was first filed in 2015 by 21 young americans. They argued that many of the government’s actions and support of fossil fuels had exacerbated climate change, violating their constitutional rights to life, liberty, and property. In addition, they said the government had violated the public trust doctrine, which stated that certain natural resources are for public use, and the government has a duty to manage and preserve them for the benefit of current and future generations. The plaintiffs argued that by ignoring climate science and supporting fossil fuels, the government was failing to protect natural resources. This legal battle continued for many years, but came to an end when the Supreme Court refused to hear their case. Though the lawsuit had ended, this case symbolized a shift in how people used law to fight climate change. It showed how climate change wasn’t merely an environmental issue– it was about human rights. By using legal action to tackle climate change, this case paved the way for other lawsuits. Before this case, few cases had framed climate change in a legal way. The Juliana V. United States case proved that law could be used as a tool for environmental justice. 

6 Portuguese Youth v. 32 Countries

Climate litigation cases don’t only occur in the United States. They’re worldwide, as shown in this lawsuit. 6 Portuguese youth filed a lawsuit in 2020 against 32 European countries some of which are Germany, the UK, France, and more. They argued that by not acting against climate change, the countries were in breach of the youths’ human rights. The plaintiffs demanded for a binding rule that required countries to quickly escalate emission reductions. The case was then brought before the European Court of Human Rights. This was the first time a case of its kind has been brought before the ECHR. They were driven to file this lawsuit after witnessing the deadly wildfires that ripped through Portugal ever since 2017. They claim to have already been experiencing significant impacts of climate change due to the extreme temperatures in Portugal. However in 2024 the case came to an end when the court deemed it as inadmissible, stating that the 31 countries aside form Portugal had no extraterritorial duty to the young plaintiffs. Additionally, the court also ruled the case against Portugal as inadmissible due to the plaintiffs not having exhausted all domestic legal remedies as they had brought the case to an international court before a domestic one. Though once again the case had ended as a loss, it is still a significant landmark in the legal battle against climate change. Never before had the ECHR heard a case involving so many countries and holding them accountable for climate action. 

Urgenda Foundation v. The Netherlands

This is an example of yet another climate case though with a different outcome. The Urgenda foundation, a Dutch environmental group and 900 Dutch citizens filed a lawsuit against the Dutch government in 2015. They argued that the government’s inaction in terms of climate change has violated human rights, specifically the right to life and well-being. In 2019, the case was brought before the Dutch Supreme Court and the court ruled in favor of the plaintiffs. This resulted in the Dutch government having to cut greenhouse gas emissions by at the least 25% by 2020. This case paved the way for many others, and it stood as an example of how courts could hold governments accountable for not protecting future generations. The case linked human rights law and climate action, and was the first case where a government was legally forced to take action and reduce emissions. 

And these are only a few out of the many climate cases, more of which are sure to come. As people begin to take action by using the law to their advantage, climate litigation is becoming a powerful tool for demanding climate justice and accountability. They show that people, specifically the youth are refusing to wait for their leaders to take action. Instead, they are turning to legal measures to defend their future and their rights. And while not every case may succeed, each lawsuit brings us one step closer to ensuring climate justice, and building a better future for our world. 

Sources:

Categories:
,

Leave a Reply

Your email address will not be published. Required fields are marked *

Latest Posts