Category: Children and young people

Categories
Children and young people Children's rights/best interests Domestic court Emissions reductions/mitigation Fossil fuel extraction Non-discrimination Right to a healthy environment Right to health Right to life Right to property United States of America

Genesis B. v United States Environmental Protection Agency (EPA)

Summary:
On 10 December 2023, 18 children from California, aged 8 to 17, initiated a constitutional climate lawsuit titled Genesis B. v. United States Environmental Protection Agency (EPA). The lawsuit targets not only the EPA but also its administrator, Michael Regan, and the U.S. federal government. The central claim put forth by the young plaintiffs is that the EPA, responsible for regulating greenhouse gas emissions, is deliberately allowing life-threatening climate pollution to be emitted by fossil fuel sources under its jurisdiction. According to the plaintiffs, this negligence is causing substantial harm to the health and welfare of children. Furthermore, the children argue that the EPA is engaging in discrimination against them as a distinct group of individuals by discounting the economic value of their lives and their future when making decisions about the permissible levels of climate pollution. The plaintiffs assert that such actions violate their constitutional rights, specifically the right to equal protection of the law and the right to life.

This legal action is part of a sequence of constitutional climate cases initiated by the nonprofit legal organisation Our Children’s Trust and led by youth activists. Notably, Our Children’s Trust achieved a significant milestone in August 2023 with the Held and Others v. Montana case. In this instance, a judge sided with plaintiffs who contended that the state’s policies favouring fossil fuels encroached upon their constitutional entitlement to a clean and healthful environment

Claim:
The youth involved in Genesis B. v. United States Environmental Protection Agency asserted that the EPA’s actions violated their fundamental constitutional rights, specifically the right to equal protection of the law and the right to life and liberty. They sought a declaratory judgment from the federal court and are urging the court to establish a unique standard of judicial review that recognises and protects the equal protection rights of children. Ultimately, the plaintiffs aimed to compel the EPA to cease permitting life-threatening levels of fossil fuel climate pollution and, in alignment with scientific recommendations, phase out fossil fuel pollution by 2050.

Dismissal of the case:
On 9 April 2026, the case was dismissed for lack of standing by the Ninth Circuit Court of Appeals, which agreed with the United States District Court for the Central District of California. The Ninth Circuit Court found that the plaintiffs had not alleged a viable injury to their constitutional (equal protection) rights, given that discrimination against children had not been proven to be a motivation of the contested policies. Even if they had been able to show cognizable injuries from climate change, the link between governmental discounting policies and those injuries was “too speculative and tenuous” to meet standing criteria. Citing its own findings in Juliana, the Court held that recognizing a rights violation in this case could not redress the alleged injuries.

Link:
The original petition is available for download below, as is the Ninth Circuit’s finding:

Doc1Complaint2023.12.10Download
25-2473Download

Suggested citation:
US Ninth Circuit Court of Appeals, Genesis B. v. United States Environmental Protection Agency, No. 25-2473 D.C. No. 2:23-cv-10345MWF-AGR, 9 April 2026.

Last updated:
24 June 2026.

Categories
Australia Children and young people Climate activists and human rights defenders Emissions reductions/mitigation Indigenous peoples rights Right to a healthy environment Right to culture Right to education Right to health Right to life Right to subsistence/food Uncategorized

Environmental Justice Australia (EJA) v. Australia

Summary:

In October 2021, Environmental Justice Australia (EJA) filed a complaint with three Special Rapporteurs of the United Nations High Commissioner for Human Rights. This complaint was made on behalf of five young individuals residing in Australia and pertains to the ‘human rights harms’ caused by the Australian government’s Nationally Determined Contribution (NDC) and its perceived inaction regarding climate change. EJA alleges that the Australian government is breaching international agreements, such as the Paris Agreement, and various United Nations instruments, including the Convention on the Rights of the Child, the Convention on the Rights of Persons with Disabilities, and the UN Declaration on the Rights of Indigenous Peoples.

Claim:

The claim in this case asserts that the Australian government’s actions, particularly its NDC and its inaction on climate change, violate international agreements and human rights obligations. The complaint argues that these actions infringe upon several United Nations instruments, including the Paris Agreement, the Convention on the Rights of the Child, the Convention on the Rights of Persons with Disabilities, and the UN Declaration on the Rights of Indigenous Peoples. The complainants contend that the government’s contributions to climate change potentially violate fundamental rights, including the right to health, life, family relations, an adequate standard of living, education, freedom from violence or exploitation, and the right to a clean, healthy, and sustainable environment. They also assert that these actions disproportionately impact young people, First Nations peoples, and individuals with disabilities, thus violating their rights as recognized in international law. The claim in the petition urges the Special Rapporteurs to intervene by seeking clarification from the Australian government regarding the alignment of its NDC with its human rights obligations and its consistency with a 1.5-degree climate pathway. It also requests an explanation of how the government’s NDC decision-making process has engaged young people in Australia. The claim further calls on Australia to establish a 2030 emissions reduction target that complies with its human rights obligations, especially regarding the rights of young people and the complainants.

Links:

The complaint is accessible for download here and below.

20211025_14762_complaintDownload

Status of the case:

Pending.

Suggested citation:

Environmental Justice Australia (EJA) v. Australia, United Nations Special Rapporteurs, 25 October 2021 (United Nations).

Last updated:

03 November 2023.

Categories
2017 Children and young people Domestic court Emissions reductions/mitigation Non-discrimination Right to a healthy environment Right to health Right to life Right to property Right to subsistence/food Right to water Rights at stake The Philippines Uncategorized

Segovia et al. v. Climate Change Commission

Summary:

In 2017, a group of petitioners, including Children of the Future, filed a complaint with the Supreme Court of the Philippines, alleging that the government’s failure to fulfil its environmental responsibilities and violations of environmental laws had caused significant environmental damage, endangering the well-being, health, and property of all Filipinos. The petitioners claimed that the government’s lack of enforcement of environmental laws contributed to deteriorating air quality in Metro Manila, infringing upon their constitutional rights to a balanced and healthy environment and life. They also raised concerns about the unequal application of laws, especially in favour of car owners. The petitioners proposed measures to reduce fossil fuel consumption and sought writs of kalikasan, a legal remedy under the Philippines Constitution to protect environmental rights. The Court dismissed the application on the ground that the applicants failed to demonstrate how the authorities breached the relevant environmental law.

Claim:

The petitioners requested that the Supreme Court review and consider their complaint against the government’s environmental practices. They asserted that the government’s actions violated their constitutional rights to a healthy environment and life. They claim that the government’s lack of enforcement of environmental laws and its prioritization of car owners have caused substantial harm to the environment and their well-being. They seek the issuance of writs of kalikasan to safeguard their environmental rights and request the Court’s intervention in compelling the government to implement measures to promote sustainability. The key question at hand is whether the Philippine government’s Climate Change Commission breached the constitution by not implementing ambitious climate-related transportation policies.

Decision:

After a thorough review, the Supreme Court acknowledged the concerns of the petitioners and the significance of environmental protection. The court acknowledged that the Rule of Procedure for Environmental Cases provides leeway in terms of standing, making petitions like this permissible. However, in this specific case, the court found that the petitioners had not presented sufficient evidence to prove that the government has engaged in unlawful activities or infringed upon specific environmental laws, thereby violating their environmental rights. A petition for the writ of kalikasan must convincingly establish a clear violation of environmental statutes and regulations, rather than solely relying on the repeated assertion of constitutional rights and unsubstantiated allegations of misconduct.

The Court also took note of the government’s diligent efforts to enforce environmental laws and prioritize initiatives aimed at addressing and mitigating the effects of climate change. As a result, the petition was dismissed.

Links:

The case documents are accessible via Climate Case Chart: Click here.

Status of the case:

Judgment

Suggested citation:

Supreme Court of the Philippines, Segovia et al. v. Climate Change Commission, G.R. No. 211010, 7 March 2017.

Last updated:

20 October 2023.

Categories
Children and young people Climate activists and human rights defenders Domestic court European Convention on Human Rights Fossil fuel extraction Private and family life Right to life Standing/admissibility Sweden Uncategorized

PUSH Sweden, Nature and Youth Sweden and Others v. Government of Sweden (Magnolia Case)

Summary:
In June 2016, the Swedish government approved the request from state-owned energy company Vattenfall to sell its lignite assets to the German subsidiary of a Czech holding company. The deal included some of Germany’s largest coal mines, whose annual emissions total around 60 million tonnes of greenhouse gases. In September 2016, two youth environmental NGOs, PUSH Sweden and Nature and Youth Sweden (Fältbiologerna), together with 176 individuals, filed a claim against the Government of Sweden. According to the Plaintiffs, the sale of the lignite assets would enable the expanded exploitation of lignite coal assets and contribute to an increase in the emission of greenhouse gases into the atmosphere. The sale would give the Czech holding company the opportunity to expand the lignite operations, which in turn would lead to increased emissions which, although the emissions were generated in Germany, would affect Swedish territory.

Claims made:
The Plainiffs argued that the State’s sale of coal-fired power plants violated the sustainability statement in Chapter 1, Section 2, paragraph 3 of the Swedish Constitution, as well as the right to life and the right to respect for private and family life under Articles 2 and 8 of the European Convention on Human Rights. They requested the Stockholm District Court to find that the Swedish State has breached its duty of care with the sale of Vattenfall’s lignite operations, and that the sale is illegal.

Judgement:
The Stockholm District Court found that the Plaintiffs had not suffered any damage from the Swedish government’s decisions to permit Vattenfall to sell its lignite assets. It held that the mere risk of damage cannot be a basis for liability for damages and that the ECHR did not apply because the Plaintiffs could not prove damage correlating to the sale of Vattenfall’s lignite assets. Therefore, the Stockholm District Court dismissed the Plaintiffs’ requests.

Date filed:
15 September 2016

Date of Judgement:
30 June 2017

More information:
An unofficial translation of the application is available via Climate Case Chart.

Suggested citation:
Stockholm District Court, PUSH Sweden, Nature and Youth Sweden and Others v. Government of Sweden, case T 11594-16, Judgment of 30 June 2017.

Categories
2022 Children and young people Domestic court Emissions reductions/mitigation European Convention on Human Rights Non-discrimination Private and family life Right to life Right to property Sweden Uncategorized

Anton Foley and others v. Sweden (Aurora Case)

Summary:
On 25 November 2022, a group of over 600 young people born between 1996 and 2015 filed a class action lawsuit against the Swedish State in the Nacka District Court (Nacka tingsrätt). According to the Plaintiffs, the Swedish State is failing to do its fair share to reduce the greenhouse gas (GHG) concentration in the atmosphere to keep warming below 1.5°C as compared to pre-industrial levels, by not undertaking immediate and adequate procedural and substantive measures to continuously reduce GHG emissions and enhance GHG sinks, thus failing to adequately protect the plaintiffs from adverse impacts of anthropogenic climate change. Therefore, the Plaintiffs claim that this constitutes a violation of their rights to life, private and family life, and non-discrimination under Articles 2, 8, and 14 of the ECHR, and their right to property under Article 1, Protocol 1 of the ECHR.

The Plaintiffs requested the Nacka District Court to order the Swedish State to do its fair share in reducing GHG emissions to keep global warming below 1.5°C. They argued that the Swedish State should be required to take sufficient and adequate measures to ensure that emissions are continuously reduced and that GHG are absorbed through natural carbon sinks to limit the risk of adverse impacts of climate change on them.

On 31 March 2023, the Nacka District Court invited the Swedish State to file its response to the Plaintiffs’ application. On 21 June 2023, the Swedish State filed its response with the Nacka District Court, requesting that the case be dismissed. The Court then invited the Plaintiffs to submit their comments on the request for dismissal no later than 28 August 2023.

Inadmissibility ruling:
The Nacka District Court referred a question to the Swedish Supreme Court concerning whether such a case against the state could be brought before a court. On 19 February 2025, the Supreme Court ruled that the group members’ claim, as formulated in the district court, could not be admissible. In doing so, it engaged with the KlimaSeniorinnen ruling of the European Court of Human Rights, summarizing the high victim status standard set in that case and its emphasis of cases brought by associations. It also noted that the ECtHR established that it would not tolerate actio popularis cases. The Supreme Court found that the case before it was (a) brought not by an association but by individuals who did not argue that they were particularly vulnerable to the impacts of climate change as per the KlimaSeniorinnen victim status test, and (b) sought an order on the State to take specific measures, which raised issues of the separation of powers and the margin of appreciation of the State authorities. However, the Court left open the admissibility of differently-argued cases, for example cases brought by an association or requesting only a declaration that the state had violated the ECHR by failing to take sufficient measures to counteract the effects of climate change.

Date filed:
25 November 2022

Status of case:

Plaintiffs withdrew the case on 30 June 2025, and the environmental association Aurora initiated a new climate lawsuit before the Nacka District Court on 06 February 2026. The database entry on Aurora v. Sweden (Aurora Case II) is available here.

The plaintiffs’ appeal against an order for payment of legal costs is pending before the Supreme Court.

More information:
The Plaintiffs’ summons application is available via the Climate Case Chart.

The ruling of the Supreme Court is available here.

A press release concerning the inadmissibility decision (in Swedish) is available here.

Suggested citation:

Supreme Court of Sweden, Anton Foley and others v. Sweden, Ö 7177-23, 19 February 2025.

Last updated:
21 February 2025

Categories
2023 Children and young people Domestic court Emissions reductions/mitigation Evidence Fossil fuel extraction Human dignity Indigenous peoples' rights Public trust doctrine Right to a healthy environment Right to health Standing/admissibility United States of America

Held and Others v. Montana

Summary:
In Held and Others, sixteen young plaintiffs aged between two and eighteen brought a case against the U.S. state of Montana alleging violations of the state constitution due to climate change. The youth plaintiffs in this case, which is to some extent comparable to the Juliana litigation, alleged that they are already experiencing ‘a host of adverse consequences’ from anthropogenic climate change in Montana, including increased temperatures, changing weather patterns, more acute droughts and extreme weather events, increasing wildfires and glacial melt. Fossil fuels extracted in Montana cause emissions higher than those of many countries, including Brazil, Japan, Mexico, Spain, or the United Kingdom. The plaintiffs argued that this was causing health risks, especially for children, and that the defendants, among them the state of Montana, its Governor, and various state agencies, had “act[ed] affirmatively to exacerbate the climate crisis” despite their awareness of the risks to the applicants. On 14 August 2023, Judge Kathy Seeley ruled wholly in favor of the youth plaintiffs, declaring that Montana had violated their constitutional rights and invalidating the statutory rule forbidding state authorities from considering the impacts of GHG emissions or climate change in decision-making related to fossil fuel extraction. In 2025, 13 of the 16 original plaintiffs filed non-compliance proceedings based on new state legislation.

Claims made:
The plaintiffs challenged the constitutionality of fossil fuel-based provisions of Montana’s State Energy Policy Act along with a provision of the Montana Environmental Policy Act which forbids state authorities from considering the impacts of GHG emissions or climate change in their environmental reviews (the “MEPA Limitation”). They also challenged the aggregate acts that the state has taken to implement and perpetuate a fossil fuel-based energy system under these statutes.

The plaintiffs sought a declaration that their right to a clean and healthy environment includes a right a stable climate, and that existing approaches to greenhouse gas emissions in Montana violate constitutional provisions, including the right to a clean and healthy environment; the right to seek safety, health, and happiness; and the right to individual dignity and to equal protection. They also sought injunctive relief, namely an order to account for Montana’s greenhouse gas emissions and to develop and implement an emissions reductions plan.

Decision on the admissibility:
On 4 August 2021, a the Montana First Judicial District Court for Lewis and Clark County declared the case admissible in part. The prayer for injunctive relief in terms of emissions accounting, a remedial plan or policy, the appointment of expert to assist the court, and retain jurisdiction until such orders are complied with were rejected. However, the court declared the constitutional rights claims admissible, including the claim about the plaintiffs’ ‘fundamental constitutional right to a clean and healthful environment’, which — as the plaintiffs submitted — ‘includes a stable climate system that sustains human lives and liberties’.

Judge Seeley’s Ruling of 14 August 2023:
After a trial held from 12-23 June 2023, Judge Kathy Seeley of the First Judicial District Court of Montana issued a ruling in this case on 14 August 2023. Noting that “[t]he science is clear that there are catastrophic harms to the natural environment of Montana and Plaintiffs and future generations of the State due to anthropogenic climate change”, she ruled wholly in favor of the plaintiffs, declaring that the state of Montana had violated their constitutional rights to equal protection, dignity, liberty, health and safety, and public trust, all of which are predicated on their right to a clean and healthful environment (p. 92-93).

In doing so, Judge Seeley ruled that the youth plaintiffs had standing to bring the case because they had proven that they had experienced significant injuries. The court set out the different impacts on the plaintiffs at length (p. 46-64). It ultimately found that the plaintiffs “have experienced past and ongoing injuries resulting from the State’s failure to consider GHGs and climate change, including injuries to their physical and mental health, homes and property, recreational, spiritual, and aesthetic interests, tribal and cultural traditions, economic security, and happiness” (p. 86 of the ruling). The judge also ruled that while mental health injuries based on state inaction on climate change do not on their own constitute a cognizable injury, “mental health injuries stemming from the effects of climate change on Montana’s environment, feelings like loss, despair, and anxiety, are cognizable injuries” (p. 86-87). The ruling recognizes that “[e]very additional ton of GHG emissions exacerbates Plaintiffs’ injuries and risks locking in irreversible climate injuries”, and that these injuries “will grow increasingly severe and irreversible without science-based actions to address climate change” (p. 87). As children and youth, the plaintiffs are disproportionately impacted by fossil fuel pollution and climate impacts, and their injuries are “concrete, particularized, and distinguishable from the public generally” (p. 87).

On causation, and having heard and evaluated testimony from several expert witnesses, the Court extensively reviewed the scientific evidence concerning the causation and progression of anthropogenic climate change and identified the Earth’s energy imbalance as the critical metric for determining levels of global warming (p. 22). Having established that “Montana is a major emitter of GHG emissions in the world in absolute terms, in per person terms, and historically”, and noting the state government’s continuing approval of fossil fuel projects despite its already extensive production of oil, gas and coal, the Court found that there was a “fairly traceable connection” between Montana’s statutes, its GHG emissions, climate change, and the injuries suffered by the plaintiffs (p. 87). Noting that the state government had the authority to limit fossil fuel-related activities, and having regard to the fact that the MEPA Limitation causes the state to ignore climate impacts and renewable energy alternatives to fossil fuels, as well as noting the economic and environmental advantages of a green energy transition for Montana, the Court noted that “current barriers to implementing renewable energy systems are not technical or economic, but social and political” (p. 83). The state of Montana, it held, “authorizes fossil fuel activities without analyzing GHGs or climate impacts, which result in GHG emissions in Montana and abroad that have caused and continue to exacerbate anthropogenic climate change” (p. 88). It noted also that these emissions were “nationally and globally significant”, and could accordingly not be considered de minimis; they “can be measured incrementally and cumulatively both in terms of immediate local effects and by mixing in the atmosphere and contributing to global climate change and an already destabilized climate system” (p. 88).

On the redressability of these impacts, the Court noted that the psychological satisfaction of the ruling itself did not constitute sufficient redress, and that declaring the relevant state statutory rules unconstitutional would provide partial redress because ongoing emissions will continue to cause harms to the plaintiffs. Noting that “[i]t is possible to affect future degradation to Montana’s environment and natural resources and injuries to these Plaintiffs”, and applying strict structiny to the state’s statutes, the Court found that the MEPA Limitation violates the right to a clean and healthful environment under the Montana Constitution, which protects children and future generations (among others) and includes the protection of the climate system. As a result, the Court tested whether the MEPA Limitation was narrowly tailored to serve a compelling government interest, finding that neither had the state authorities shown that it served a compelling governmental interest, nor was it narrowly tailored to serve any interest.

As a result, the judge invalidated the Montana legislation that promoted fossil fuels and prohibited analysis of GHG emissions and corresponding climate impacts.

Proceedings on non-compliance:
On 10 December 2025, 13 of the original 16 plaintiffs in the Held case filed a petition for original jurisdiction with the Montana Supreme Court. They challenged statutes passed by the Montana legislature in 2025, arguing that they weaken the state’s environmental protection laws and undermine the state’s constitutional obligation to protect the environment. The petition seeks a declaration that these statutes are unconstitutional, and to overturn them.

The petition in these follow-up proceedings is available below:

Petition+for+Original+JurisdictionDownload

Date filed:
13 March 2020

Date of admissibility decision:
4 August 2021

Date of Ruling:
14 August 2023

More information:
The original complaint is available from the Western Environmental Law Center.

The admissibility decision is available on climatecasechart.com.

Judge Seeley’s findings of fact, conclusions of law and order of 14 August 2023 are available below.

Held-v-MontanaDownload

Suggested citations:
Montana First District Court for Lewis and Clark county, Held and others v. State of Montana and others, Findings of Fact, Conclusions of Law, and Order, 14 August 2023, Cause no. CDV-2020-307.

Categories
2023 Biodiversity Children and young people Deforestation Domestic court Emissions reductions/mitigation Farming Indigenous peoples' rights Loss & damage Public trust doctrine Right to a healthy environment Sea-level rise Separation of powers Standing/admissibility United States of America Victim status Vulnerability

Navahine F., a Minor v. Dept. of Transportation of Hawai’i et al.

Summary:
In January 2022, fourteen young people filed suit against the Department of Transportation of the US state of Hawai’i (HDOT), its Director, the state’s Governor, and the State itself. In Hawai’i Circuit Court, they alleged that the state’s transportation system violated the Hawai‘ian Constitution’s public trust doctrine and the right to a clean and healthful environment that it enshrines. The plaintiffs argued that the state and its authorities had “engaged in an ongoing pattern and practice of promoting, funding, and implementing transportation projects that lock in and escalate the use of fossil fuels, rather than projects that mitigate and reduce emissions”. Arguing that Hawai’i was the most carbon-dependent state in the nation, they sought declaratory and injunctive relief. They made a variety of arguments about the destruction of the Hawai’ian environment, coral reefs, native species of plants and marine life, and beaches; about their health and well-being, including about climate anxiety and about existing health conditions that are aggravated by the effects of climate change; about flooding and its impact on their ability to go to school; about water and food security, including impacts on traditional food sources, traditional and indigenous ways of life and culture; about wildfires; and about climate anxiety.

Claims made:
The plaintiffs note that Article XI, section 1 of the Hawai’i Constitution requires Defendants “[f]or the benefit of present and future generations,” to “conserve and protect Hawai’i’s natural beauty and all natural resources.” Article XI, section 1 further declares that “[a]ll public natural resources are held in trust by the State for the benefit of the people.” The Constitution also explicitly recognizes the right to a clean and healthful environment. Noting the special vulnerability of Hawai’i to climate-related ecological damage, including from sea-level rise, and the disproportionate harm to children and youth, including the lifetime exposure disparities concerning extreme events such as heat waves, wildfires, crop failures, droughts, and floods, they allege that the state of Hawai’i, through its Department of Transportation, has “systematically failed to exercise its statutory and constitutional authority and duty to implement Hawai’i’s climate change mitigation goals and to plan for and ensure construction and operation of a multimodal, electrified transportation system that reduces vehicle miles traveled and greenhouse gas emissions, and helps to eliminate Hawai’i’s dependence on imported fossil fuels”.

Ruling on Motion to Dismiss:
On 6 April 2023, the First Circuit Court rejected the respondent’s motion to dismiss the case for failure to state a claim. The state had argued that the public trust doctrine did not apply to the climate, “because climate is not air, water, land, minerals, energy resource or some other “localized” natural resource.” It had also argued that any efforts by the state would not have an impact on climate change given the scale of the problem.

The Court held in this regard that, in any event, the state as trustee had an obligation to keep its assets, i.e. its trust property, from falling into disrepair. It thereby rejected the argument that climate change was “too big a problem” and the idea that the state had no obligation to reasonably monitor and maintain its natural resources by reducing greenhouse gas emissions and planning alternatives to fossil-fuel heavy means of transportation. The Court also recognized that “the alleged harms are not hypothetical or only in the future. They are current, ongoing, and getting worse.”

On the argument that the applicants did not have a sufficient interest in the case, the Court held that the plaintiffs “stand to inherit a world with severe climate change and the resulting damage to our natural resources. This includes rising temperatures, sea level rise, coastal erosion, flooding, ocean warming and acidification with severe impacts on marine life, and more frequent and extreme droughts and storms. Destruction of the environment is a concrete interests (sic).”

Finding that arguments based on the political question doctrine were premature in this case, and citing case-law finding that this doctrine does not bar claim based on public trust duties, the Court denied the motion to dismiss the case.

Trial date set:
It was announced in August 2023 that trial dates for this case had been scheduled for 24 June-12 July 2024 at the Environmental Court of the First Circuit for Hawai’i. This would make this only the second-ever constitutional rights climate case to go to trial in the United States, after the Held and others v. Montana case. The case will be heard by First Circuit Judge John Tonaki.

Settlement Agreement:
On 20 June 2024, Hawai’i officials announced a groundbreaking Settlement Agreement with plaintiffs, marking a significant milestone. The Court approved the historic Navahine Agreement as fair and in the best interests of the youth plaintiffs. This landmark Agreement upholds children’s constitutional rights to a climate capable of sustaining life and mandates transformative changes in Hawai’i’s transportation system.

The Agreement emphasises HDOT’s responsibility to preserve Hawai’i’s public trust resources and ensure a clean and healthy environment for all residents. By 2045, HDOT is committed to achieving zero emissions across all modes of transportation, including ground, sea, and interisland air travel. The Agreement also includes numerous provisions for immediate and ongoing action by HDOT, such as establishing a Greenhouse Gas Reduction Plan, creating designated units and roles within HDOT, forming a youth council, improving transportation infrastructure budgeting processes, and making immediate, ambitious investments in clean transportation infrastructure. The Court will retain jurisdiction over the agreement until 2045 to oversee compliance with its terms.

This Settlement Agreement sets a precedent as the first of its kind, where government defendants collaborate with youth plaintiffs to address constitutional climate concerns. It commits to the systemic decarbonization of Hawai’i’s transportation sector, aiming to significantly reduce greenhouse gas emissions and lessen dependence on fossil fuels.

Further information:
For the ruling of the First Circuit Court, see here. For the text of Settlement Agreement, see here.

Suggested citation:
First Circuit Court of the State of Hawai’i, Navahine F., a Minor v. Dept. of Transportation et al., Civ. No. 1CCV-22-0000631, ruling of 6 April 2023.

Last updated:
24 June 2024

Categories
Children and young people Climate activists and human rights defenders Domestic court Emissions reductions/mitigation European Convention on Human Rights Indigenous peoples rights Indigenous peoples' rights Non-discrimination Paris Agreement Private and family life Prohibition of torture Right to a healthy environment Right to culture Right to health Right to housing Right to life Right to property Russian Federation

Ecodefense and Others v. Russia

Summary:
In 2022, the NGOs Ecodefense and Moscow Helsinki Group, together with a group of individual plaintiffs representing Fridays for Future and the Sami and Itelmen indigenous people, brought an administrative action before the Supreme Court of the Russian Federation seeking to declare the Russian Federation’s climate legislation invalid. They argue that the current measures are not in line with the temperature targets under the Paris Agreement, noting that Russia is currently the fourth biggest global carbon emitter. They submit that Russia is accordingly in violation of its own constitution, as well as of the European Convention on Human Rights (ECHR). Russia ceased to be a party to the ECHR on 16 September 2022.

Key arguments:
The plaintiffs invoke a number of human and constitutional rights, arguing that their right to life, to health care, to a healthy environment (which is recognized by the Russian Constitution), to the protection of land and other natural resources as the basis of the life and activities of indigenous peoples, and to the protection of young people and future generations (based on the principle of equality). They also invoke the prohibition of torture and the right to home, private life and property as well as the prohibition of discrimination and the right to an adequate standard of living.

On this basis, the plaintiffs argue that the existing Russian climate policy measures are not only incompatible with domestic law, but that they also violate Russia’s international legal obligations under the UNFCCC, the Paris Agreement, the UN Covenant on Civil and Political Rights and on Economic, Social and Cultural Rights, and the ECHR. The plaintiffs also contest the emphasis on carbon absorption (and not GHG emissions reductions) in the current Russian strategy, which they argue does not suffice to do Russia’s “fair share” to keep global warming below the Paris Agreement’s targets of 1.5 or 2 degrees Celsius.

Status:
Pending

Further information:
A summary of the plaintiff’s submissions in this case is available via ClimateCaseChart.com.

Suggested citation:
Supreme Court of the Russian Federation, Ecodefense and Others v. Russia, pending case, submitted on 11 September 2022.

Last updated:
4 August 2023

Categories
Australia Children and young people Domestic court Emissions reductions/mitigation Fossil fuel extraction Indigenous peoples rights Non-discrimination Private and family life Right to life Right to property

Waratah Coal Pty Ltd v. Youth Verdict Ltd & Ors

Summary:

The case concerns the applications by Waratah Coal Pty Ltd. (WC) for a ‘mining license’ and an ‘environmental authority’ under the Australian mining regulation and environmental protection legislation. These would allow it to mine coal in areas of the Galilee Basin, including parts of a protected area under the nature conservation law.  

The case reached the Land Court of Queensland on account of objections by environmental groups to WC’s applications. The Land Court of Queensland’s role was to provide a recommendation to the governmental authorities responsible for deciding on the applications after reviewing their merits (considering the compatibility of the proposed project with the environmental laws in Australia). However, the Court also found that the human rights implications of the coal mining project were relevant. The justification for this was that the court was directly bound by the Human Rights Act 2019 to not make a decision that is incompatible with human rights.

In its lengthy judgment, Court concluded on the basis of the evidence available to it and the interests at stake that it could not recommend the approval of WC’s applications.

Claims:

The objectors to WC’s applications raised several contentions in regards to the local and global environmental impacts of allowing coal mining in the Galilee Basin (including its contribution to climate change), as well as interference with private property rights. WC refuted these contentions and found that several issues raised by the objectors were irrelevant to the decision of their applications.  

In regards to climate change, WC disagreed that the emissions produced by foreign consumers of the mined coal are a relevant consideration. It argued that approving the mining of coal does not entail approving its combustion, and that the responsibility for the emissions from the latter falls on importing countries which decide to do so.  WC also argued that the mine will make no difference to total emissions because it would displace lower quality coal with higher greenhouse gas (GHG) emissions.  

Decision:

The Court framed its recommendation as pertaining to the specific coal mining project in question rather than coal mining in general. It was not convinced by the evidence put forth by WC with respect to the adequacy of its plans of offsetting the environmental impacts which would follow from the coal mining project.

In relation to climate change, the Court found that the mitigation of climate change was amongst the public interests which needed to be considered in the balance against the public interest considerations in support of the project (such as economic development). While the Court acknowledged that the project itself would not necessarily put Australia over its greenhouse gas emissions budget or lead to an exceedence of the temperature limits set by the Paris Agreement, Australia’s limited carbon budget and the risks of exceeding the 1.5° and 2°degree C temperature limits, and Queensland’s intention to achieve net-zero emissions by 2050, were strong factors which supported the refusal of the project. 

The Court rejected WC’s contentions in regards to foreign emissions from the combustion of the coal mined by WC, finding that not considering them would be inconsistent with the public interest criterion in the environmental protection legislation.

The Court found that the human rights to life, protection of children, culture of First Nations People, privacy and home, property, and the enjoyment by certain groups of rights without discrimination were engaged by the coal mining project. In its assessment, the project constituted a ‘limit’ to these rights owing to its causal link with climate change which, in turn, affects the enjoyment of these rights. The Court concluded that the economic and other public interest benefits of the project were not sufficient to justify the limitation of human rights which would result from the project.

Links:

For full judgment of 25 November 2022, see here.

Suggested case citation:

Land Court of Queensland, Waratah Coal Pty Ltd v Youth Verdict Ltd & Ors (No 6) [2022] QLC 21, 25 November 2022, President Fleur Kingham.

Last updated:

03 August 2023.

Categories
Access to a remedy Children and young people Extreme poverty Haiti Human dignity Inter-American Human Rights System Right to life Vulnerability

Petition of Children of Cité Soleil and SAKALA

Summary:

On 4 February 2021, six children of Cité Soleil, Haiti and a community center established to provide safe harbor for children in Cité Soleil (SAKALA Community Center for Peaceful Alternatives) communicated a petition to the Inter-American Commission on Human Rights alleging human rights violations arising from the adverse environmental conditions that they are subject to.  

Facts of the case:

The petitioners’ concern relates to the local waste management system in Cité Soleil, which is woefully inadequate and exposes residents to risks arising from toxic waste and fumes. They complain that waste from other cities is brought into Cité Soleil but not contained in sanitary landfills or subjected to waste treatment. Piles of trash are burnt in the open, worsening the air quality, and floods carry the trash into residential areas, and lead to the contamination of water sources. They argue that climate-related adverse events magnify the adverse environmental conditions that children in Cité Soleil are faced with, aggravating their vulnerability.  

Claims:

The petitioners allege that Haiti is engaged in violations of the rights of the child, the right to dignity, the right to life, and the right to judicial protection of children in Cité Soleil. They request the Commission to recommend Haiti to undertake concrete measures addressing the environmental pollution problem and providing specialized and adequate medical care to the children. Aside from requesting an investigation on the matter and granting the reliefs sought, the petitioners have requested the Commission to grant precautionary measures of protection in the interim- requiring Haiti to take urgent measures and protect the children in Cité Soleil from harm.  

Status of the case:

The Inter-American Commission on Human Rights is yet to decide on the admissibility of the petition.  

Links:

For the petition (in English), click here.

Last updated:

2 August 2023.