climate lawsuit
Citizens sue UK government for lack of climate adaptation measures
Three claimants are suing the UK government, claiming its climate adaptation plan fails to protect people and property from the escalating climate crisis.
In short:
- Claimants argue the government's third national adaptation program (NAP3) violates the Climate Change Act 2008.
- Kevin Jordan and Doug Paulley, both affected by climate change, claim the plan neglects their rights and exacerbates their vulnerabilities.
- The environmental group Friends of the Earth supports the case, emphasizing the need for clear, actionable objectives.
Key quote:
"The lack of planning makes me fearful that in an emergency, disabled people won’t be properly protected."
— Doug Paulley
Why this matters:
Inadequate climate adaptation plans can leave vulnerable populations, such as the elderly and disabled, at heightened risk. Effective measures are crucial to safeguard lives and property from worsening climate impacts.
Related EHN coverage:
A Maryland judge dismisses Baltimore's climate lawsuit against oil companies
A Baltimore judge dismissed the city's climate lawsuit against major oil companies, saying state courts cannot address global issues like climate change.
In short:
- Filed in 2018, Baltimore's lawsuit aimed to hold oil companies like Chevron, Exxon, and BP accountable for environmental damages.
- Judge Brown ruled that federal law, not state law, governs such global pollution-based complaints.
- Baltimore plans to appeal, arguing that the lawsuit addresses consumer fraud, not emission regulation.
Key quote:
"Global pollution-based complaints were never intended by Congress to be handled by individual states."
— Videtta A. Brown, Baltimore Circuit Court Judge
Why this matters:
This ruling sets a precedent that could limit state-level legal actions against oil companies for climate-related damages. It challenges efforts to hold fossil fuel industries accountable for their role in climate change.
Youths sue European countries over climate crisis
Six young people from Portugal are suing dozens of European countries for failing to adequately curb emissions that contribute to the current climate crisis. As CNN's Salma Abdelaziz reports, their case is headed to the the European Court of Human Rights.
Children have a right to sue nations over climate, U.N. panel says
Somini Sengupta writes in the New York Times about young activists who are increasingly resorting to legal action against governments for their failure to curb climate pollution, occasionally securing victories. The Committee on the Rights of the Child, an expert panel interpreting UN human rights law, endorsed these efforts.
In a nutshell:
In a comprehensive 20-page document, the committee stated that nations have a legal duty to shield children from environmental degradation, including regulating businesses, and permitting minors to seek legal remedies. While non-binding, this endorsement holds significance due to its basis in the widely recognized Convention on the Rights of the Child, which outlines children's right to hold governments accountable for addressing the climate crisis.
Key quote:
“Children have the right to a clean, healthy and sustainable environment,” the committee wrote. “This right is implicit in the convention and directly linked to, in particular, the rights to life, survival and development.”
The big picture:
Failure to address climate change could have severe consequences for younger generations. As environmental degradation persists, youth are increasingly vulnerable to various health risks. The lack of effective measures to combat climate pollution might lead to escalated respiratory ailments due to worsening air quality, heat-related illnesses as global temperatures rise, food insecurity and increased exposure to diseases carried by insects that flourish in changing environments. Psychological well-being might also be compromised as the uncertainty of a changing climate contributes to heightened anxiety and distress among young people. Inaction on climate change not only jeopardizes the environment but also poses a substantial threat to the health and well-being of future generations.
Read the New York Times article.
Derrick Z. Jackson argues that “Code Red” for climate means reducing US oil and gas production.
The Montana climate lawsuit has emboldened young activists, including this one
Kate Selig reports in The Washington Post about Tia Hatton and other plaintiffs who await a climate trial that pits them against the federal government, in a case that started well before the landmark Montana ruling earlier this month in favor of another group of youth plaintiffs.
In a nutshell:
In an unprecedented legal victory, a Montana court recently ruled that the state's promotion of fossil fuels violated the constitutional rights of young activists. The ruling came as a surprise after a history of climate-related lawsuits failing in courts. Another climate activist, Tia Hatton, had joined a different landmark lawsuit known as Juliana v. United States when she was 18. This lawsuit, filed in 2015, argued that the government's negligence regarding the dangers of fossil fuel consumption violated the plaintiffs' rights. The Trump administration challenge the case. Despite years of setbacks and doubts, Hatton and her fellow activists find renewed hope as they witness victories in related cases, believing their efforts are making headway in advocating for climate-related legal action.
Key quote:
“Montana shows that when it’s all laid out, we have a solid case," Hatton told The Washington Post. We’re carving out new legal territory, but that doesn’t mean the court shouldn’t uphold these fundamental rights that are being threatened by climate change.”
The big picture:
The extraction and combustion of fossil fuels have been associated with a range of adverse health effects. The release of pollutants from these processes, such as particulate matter, sulfur dioxide, nitrogen oxides, and volatile organic compounds, contributes to poor air quality. Prolonged exposure to these pollutants has been linked to respiratory diseases, cardiovascular issues, and even premature death. The emission of greenhouse gases from fossil fuel activities is also a significant driver of climate change, leading to more frequent and severe heatwaves, which can exacerbate existing health conditions and pose new challenges for public health systems.
Read the article in The Washington Post.
Young people are entitled to a ‘clean and healthful’ environment. Montana’s policies are endangering that, write Montana lawsuit plaintiffs Georgianna Fischer and Claire Vlases in a recent opinion piece for EHN.
Pacific Northwest's deadly 2021 heat wave fuels a lawsuit against Big Oil
Russia faces its first-ever climate lawsuit
Activists in Russia have filed the country’s first climate change-related lawsuit, petitioning the federal government for stronger action to limit global warming to 1.5 degrees Celsius
