Climate News July 2024

             This month, I have written about three climate-related, youth-led lawsuits against various governments. These lawsuits, among others, are examples of youth holding their governments accountable for providing them with a livable future. We should all be inspired by these young people and the work they are doing through the legal system. 

Hawaii 

         Just a couple weeks ago, on June 20th, the government of Hawaii settled a lawsuit with young people who had sued the Department of Transportation over its use of fossil fuels. The constitution of Hawaii guarantees the “right to a clean and healthful environment.” The youth’s argument was that by depending on environmentally-harmful fossil fuels, the Department of Transportation was violating the state’s constitution. The case organized by Our Children’s Trust, a non-profit organization that has brought similar cases to state and federal courts, was first brought in 2022 and settled shortly before it was supposed to have gone to trial. The settlement will require the state to make changes to reduce their planet-warming emissions. This is a significant win for climate activists.

Montana

         Last year, a groundbreaking decision came down in a youth-led case in Montana that was very similar to the one in Hawaii. The State of Montana’s constitution also allows all people the right to a “clean and healthful environment.” The youth’s argument was that by embracing fossil fuels, the state is polluting the environment, driving climate change, and therefore, violating their own constitution. Similar to the case in Hawaii, these youth were represented by Our Children’s Trust. Judge Kathy Seeley agreed with the youth although the state vowed to appeal the ruling. Despite this historic victory, it is unclear at this point whether the state will allow the case to move forward and require significant action on climate.

Canada

          In Canada a group of plaintiffs, representing seven provinces and one territory, argue that Canada, by promoting fossil fuels, is harming the environment. The plaintiffs aim to hold the Federal Government accountable under the Canadian Public Trust Doctrine as well as the charter. After the Federal Court of Canada granted the motion to strike the claim of youth who made a presentation over a two-day public hearing in Vancouver, the plaintiffs' legal counsel appealed a month later (2020). Following pandemic delays, the plaintiffs’ attorneys made their case via a virtual hearing before a panel of Federal Court Appeal judges. Almost a year later the plaintiffs won, clearing the way for them to go to court. The trial will likely take place in 2025. This case is a Canadian-led endeavor to protect the charter rights of Canadian youth who are already feeling the drastic effects of climate change. Among the many important supporters of this case is again Our Children’s Trust. If the case is successful, the government of Canada will be forced to develop a science-based recovery plan focused on using what scientists say is needed to stabilize Canada’s climate system.

All of these lawsuits are efforts to hold governments accountable for their actions that are denying our upcoming generations the right to a clean and healthful environment. It is important that we fight to guarantee that future generations will inherit an Earth that is sustainable and can be a home for all life. These lawsuits, among others, could be extremely important steps to reach this goal.