Category: Right to a healthy environment

Categories
Children and young people Children's rights/best interests Domestic court Emissions reductions/mitigation Estonia Fossil fuel extraction Gender / women-led Paris Agreement Right to a healthy environment

Fridays for Future Estonia vs. Environmental Board

Summary:
On 25 June 2024, Fridays for Future Estonia, a youth environmental movement, announced that it had filed two cases against the continued operation of a state-owned fossil fuel (shale oil) plant. The Estonian Environmental Board had granted a state-owned company, Enefit Power, a permit to operate until 2035. Fridays for Future Estonia filed two complaints to challenge the permit: one was brought by MTÜ Loodusvõlu, an NGO established in 2019 by Fridays for Future Estonia with the goal of managing the financial side of the movement, and the other by a young activist within the movement named Elo-Lee Maran.

The case follows on a separate set of proceedings concerning a 2020 decision to award Enefit Power’s parent company 125 million Euros to construct a shale oil plant. MTÜ Loodusvõlu filed a lawsuit in the Tartu Administrative Court to revoke the construction permit, which was upheld in October 2023 by the Supreme Court, which annulled the construction permit. Two months later, the municipality of Narva-Jõesuu issued a new construction permit for the plant.

According to Fridays for Future, Elo-Lee Maran’s case represents the first climate case brought by an individual in Estonia. The case argues that exacerbating climate change is a threat to human rights, including the rights of children under the UN Convention on the Rights of the Child. No only does the plant’s operation hinder the achievement of the targets set out in the Paris Agreement and the National Energy and Climate Plan. It also, so it is alleged, violates Elo-Lee Maran’s right to a healthy environment under domestic and international law. Depleting Estonia’s share of the ever-smaller carbon budget will require Estonia to limit people’s basic freedoms intensely in the future, which is not in the best interests of a child.

The case will be heard by the Tallinn Administrative Court in December 2024.

More information:
For more information, see this overview from Fridays for Future.

Last updated:
29 November 2024

Categories
Climate activists and human rights defenders Domestic court Emissions reductions/mitigation European Convention on Human Rights Finland Indigenous peoples' rights Right to a healthy environment Right to health Right to water Rights of nature Vulnerability

Finnish Association for Nature Conservation and others v. Finland

Summary:

In August 2024, a coalition of six Finnish environmental and human rights organizations, including the Finnish Sámi Youth, filed a lawsuit against the Finnish government at the Supreme Administrative Court of Finland. The lawsuit accuses the government, led by Prime Minister Petteri Orpo, of failing to meet the commitments outlined in Finland’s 2022 Climate Act, which aims to achieve carbon neutrality by 2035. The plaintiffs argue that the government’s insufficient actions, particularly in the areas of forestry, agriculture, and transportation, threaten both environmental sustainability and the rights of the Sámi people, who are disproportionately affected by climate change.

The case builds on an earlier ruling by the Supreme Administrative Court, which dismissed the plaintiffs’ claim on procedural grounds, and a recent ruling by the European Court of Human Rights (ECtHR) in the Klimaseniorinnen case, where the Strasbourg Court found that Switzerland’s failure to adequately address climate change constituted a violation of human rights.

Claim:

The plaintiffs claim that the Finnish government’s inadequate climate policies are not only a breach of the nation’s own laws but also a violation of human rights. Specifically, they argue that the government is failing to protect the Sámi people’s rights to maintain their culture, livelihood, and environment. They demand that the government implement stronger measures to meet its climate targets, thus safeguarding both the environment and the rights of the Sámi as an indigenous people.

Significance:

The significance of this case is multifaceted. Firstly, it represents a critical intersection between environmental law and human rights, specifically the rights of indigenous peoples, highlighting how climate change disproportionately affects vulnerable populations. Secondly, this case is notable for invoking international legal standards, such as those set by the ECHR, in a national context. The outcome could therefore have implications beyond Finland, contributing to the growing body of climate litigation worldwide that seeks to hold governments accountable for their environmental commitments. Finally, the case highlights the increasingly active role of civil society in enforcing climate laws and protecting the rights of vulnerable populations in the face of global climate change.

Ruling in the case:

In January 2025, it was reported that the Supreme Administrative Court of Finland had turned down the complaint, emphasizing the need for more time to conduct an assessment of the effectiveness of current policies and the impossibility of ex ante assessments.

Links:

The related documents are accessible here, here, here, and here.

Suggested case citation:

Finnish Association for Nature Conservation and others v Finland (pending, Supreme Administrative Court of Finland, 2024).

Last updated:
12 February 2025

Categories
2024 Children and young people Domestic court Emissions reductions/mitigation Paris Agreement Right to a healthy environment Right to life Right to property Right to pursue happiness Uncategorized

Min-A Park v. South Korea

Summary:
In July 2023, a fourth constitutional mitigation case was filed before the South Korean Constitutional Court. This case was consolidated with three previously-filed climate cases, representing a total of 255 plaintiffs, and the Constitutional Court issued its ruling in all four cases on 29 August 2024. This joint ruling was reported as a landmark judgment and as the first finding of its kind in Asia (i.e. the first time that a court in the region found that inadequate mitigation action violates constitutional rights).

In the present case, 51 individuals argued that their constitutional rights were being inadequately safeguarded by the failure to create an adequate implementation plana for South Korea’s 2030 Nationally Determined Contribution under the Paris Agreement (NDC). This makes this case somewhat different from the other three, in the sense that it does not contest the country’s 40% reduction target (by 2030) itself, but argues that domestic measures will not be enough to meet that target. The plaintiffs estimated that current steps envisioned under South Korea’s Carbon Neutrality Plan would achieve only a 29.6% emissions reduction.

As per the complaint document (available, in the original Korean, on ClimateCaseChart), the plaintiffs invoked their rights to life, to pursue happiness, to general freedom, to property and to a healthy environment along with the State’s obligation to protect against disasters and protect fundamental rights.

Relevant developments:
On 12 June 2023, shortly before this case was filed, it was announced that the National Human Rights Commission of Korea had decided to submit an opinion to South Korea’s Constitutional Court to oppose the country’s Carbon Neutrality Act (2021), which it considered to be unconstitutional and in violation of the fundamental rights of future generations because it sets out a greenhouse gas emissions reductions target that was too low. The Act sets out a 40% emissions reductions target by 2030 as compared to 2018 levels. This, the Commission found, did not respect the constitutional principle of equality, because it passed the burden of greenhouse gas emissions on to future generations.

Consolidation with three other cases:
The South Korean Constitutional Court decided to consolidate its first four climate cases (Do-Hyun Kim et al. v. South Korea, Woodpecker et al. v. South Korea (Baby Climate Litigation), Climate Crisis Emergency Action v. South Korea (a.k.a. Byung-In Kim et al. v. South Korea) and Min-A Park v. South Korea (the present case). Public hearings in the cases were held on 23 April 2024 and 21 May 2024.

These cases all alleged that the government’s inadequate greenhouse gas reduction targets violated citizens’ fundamental rights, particularly those of future generations. Together, the four cases comprised over 250 plaintiffs, including civil society, youth and children. The Constitutional Court issued a joint ruling in these cases on 29 August 2024.

Judgment of the constitutional court:
On 29 August 2024, the South Korean Constitutional Court found a violation of constitutional rights in this case and three related cases. In an unanimous ruling, hailed as “the first decision of its kind in Asia“, the court found that the government’s response to the climate crisis was inadequate and threatened constitutional rights, noting that the country lacked legally binding long-term emissions reductions targets for the post-2031 period, which violated the constitutional rights of future generations by shifting an excessive reductions burden to the future. The Court gave government and legislature 18 months (until 28 February 2026) to introduce the relevant targets.

In particular, the Court ruled that Article 8(1) of the South Korean Carbon Neutrality Basic Act was unconstitutional. Previously, the government had pledged a 40% reduction of its GHG emissions by 2030 compared to 2018 levels, but had failed to set any targets since. The Constitutional Court held that this “does not have the minimum character necessary as a protective measure corresponding to the dangerous situation of the climate crisis”, citing the “principle of non-underprotection”, which means that the State must take appropriate measures to effectively protect the constitutional rights of its citizens.

Simultaneously, the Court held that the government’s target for 2030 did not infringe constitutional rights.

See also:
Do-Hyun Kim et al. v. South Korea.

Last updated:
29 August 2024.

Categories
2023 Children and young people Children's rights/best interests Human dignity Inter-American Human Rights System Peru Right to a healthy environment Right to health Right to life

Inhabitants of La Oroya v Peru

Summary:

The Inter-American Court of Human Rights (IACtHR) ruled on 27 November 2023 that Peru is accountable for violating various rights of residents living near the La Oroya Metallurgical Complex (CMLO), established in 1992 in La Oroya. The CMLO, dedicated to smelting and refining metals such as lead, copper, zinc, and arsenic, caused severe environmental pollution, contaminating air, water, and soil, and adversely affecting residents’ health and well-being. Consequently, the Court mandated Peru to conduct an environmental contamination analysis, provide free medical care to affected individuals, and adjust pollutant standards, marking a significant victory for the plaintiffs after enduring years of pollution and inadequate governmental response.

Claim:

The residents of La Oroya brought claims against Peru, asserting that the government’s failure to regulate and address the environmental contamination from the smelting complex violated their fundamental human rights, including the right to a healthy environment, health, and life. They presented evidence of the adverse health effects experienced due to exposure to toxic pollutants emitted by the complex.

Decision:

On 27 November 2023, the IACtHR declared Peru responsible for multiple human rights violations affecting the inhabitants of La Oroya. These violations are rooted in the contamination of the air, water, and soil caused by mining-metallurgical activities in the CMLO. The State’s failure to regulate and supervise these activities exacerbated the situation, leading to violations of the rights to a healthy environment, health, life, and personal integrity of the victims. Furthermore, the Court found that the State failed to fulfil its obligation of progressive development concerning the right to a healthy environment by regressing air quality standards.

The Court also determined that the State neglected children’s rights by not implementing adequate protection measures, considering the disproportionate impact of contamination on the children of La Oroya. It emphasized the critical connection between safeguarding children and addressing the climate crisis, noting that mining and industrial activities, particularly those involving fossil fuels, are significant contributors to greenhouse gas emissions, posing risks to public health and exacerbating climate change. It further acknowledged the vulnerability of children to the impacts of climate change and the long-term consequences they face, as underscored by the United Nations Committee on the Rights of the Child in the Sacchi case. Consequently, the Court asserted that states have a duty to protect children and must take decisive action to mitigate health risks from pollutant emissions that exacerbate climate change crisis.

Moreover, the Court concluded that the State violated the right to public participation and adequate information provision to the victims regarding measures affecting their rights. Additionally, it found the State in violation of the right to judicial protection by failing to comply with a decision of the Constitutional Court for the protection of La Oroya’s inhabitants, which was delivered in 2006.

Finally, the Court held the State accountable for not investigating reported acts of harassment, threats, and reprisals against some victims. Based on these findings, the Court determined that the State of Peru violated several articles of the American Convention on Human Rights, specifically articles 26, 5, 4.1, 8.1, 13, 19, 23, and 25, in relation to articles 1.1 and 2 of the same instrument

Peru was ordered to conduct a comprehensive study assessing contamination in air, water, and soil in La Oroya and to develop an environmental remediation plan accordingly. Furthermore, Peru was ordered to provide free medical care to victims and compensate them individually with amounts ranging between $15,000 and $30,000. This decision emphasizes states’ obligation to safeguard the right to a healthy environment and hold them accountable for environmental harm threatening their citizens’ well-being.

Environmental protection as jus cogens:

In para. 129 of its ruling, the Court made a novel finding: it held that the obligation to protect the environment should be a jus cogens norm. The paragraph in question is translated here in full:

“States have recognised the right to a healthy environment, which carries with it an obligation of protection that is incumbent on the international community as a whole. It is difficult to imagine international obligations of greater significance than those that protect the environment against unlawful or arbitrary conduct that causes serious, extensive, long-lasting and irreversible damage to the environment in a scenario of climate crisis that threatens the survival of species. In view of the above, international protection of the environment requires progressive recognition of the prohibition of this type of conduct as a peremptory norm (jus cogens) that gains the recognition of the international community as a whole as a norm from which no derogation is permitted. This Court has pointed out the importance of the legal expressions of the International Community whose higher universal value is indispensable to guarantee essential or fundamental values. In this sense, guaranteeing the interest of both present and future generations and the preservation of the environment against its radical degradation is fundamental for the survival of humanity.” (para. 129 of the judgment, translated by climaterightsdatabase.com, references removed).

Links:

The case documents are accessible below for download:

Court-statement-about-the-rulingDownload
Full-text-of-the-rulingDownload
Official-summary-of-the-rulingDownload

Status of the case:

Decided.

Further reading:

For further information and analysis of the case, see among others:

  • José Saldaña, ‘People from La Oroya vs Peru, Inter-American Court of Human Rights: How Effective is International Law to Protect the Environment in Extractive Contexts?’, EJIL:Talk Blog, 11 April 2024, available here.
  • Patricio Trincado Vera, ‘The Right to a Healthy Environment in La Oroya v. Peru: A Landmark Judgement of the IACtHR’, OpinioJuris Blog, 25 May 2024, available here.

Suggested citation:

Inhabitants of La Oroya v Peru (Preliminary Exceptions, Merits, Reparations and Costs), Judgment of November 27, 2023, Inter-Am Ct HR, Series C No 511.

Last updated:

25 March 2024.

Categories
China Emissions reductions/mitigation Federation of Bosnia and Herzegovina Fossil fuel extraction Paris Agreement Participation rights Right to a healthy environment Right to health Right to life Right to water Rights at stake

Violations of Human Rights by Federation of Bosnia and Herzegovina (BiH) and China due to Coal Fired plants in BiH

Summary:

On 17 March 2021, two UN Special Rapporteurs, Marcos A. Orellana (Special Rapporteur on the implications for human rights of the environmentally sound management and disposal of hazardous substances and wastes) and David R. Boyd (Special Rapporteur on the issues of human rights obligations relating to the enjoyment of a safe, clean, healthy, and sustainable environment), issued communications to Bosnia Herzegovina (BiH) and China regarding alleged human rights violations stemming from the operation of coal power plants in BiH, supported by Chinese State-Owned Enterprises and financed by the China Development Bank. Civil society complaints raised concerns about water and air pollution, negative impacts on climate change, and adverse health effects, including respiratory issues and cardiac arrest. The communication highlighted violations of international human rights obligations related to a healthy environment, life, health, bodily integrity, safe drinking water, and sanitation. It also emphasised the exacerbation of climate change conditions through increased greenhouse gas emissions. Procedural environmental human rights were allegedly affected due to failures in providing information, access to justice, and effective remedies for health impacts caused by the plants. The communication sought measures from both BiH and China, including ensuring plant compliance with national and international laws, harmonising environmental permitting procedures, monitoring health impacts, and preventing negative human rights and environmental outcomes. China was also asked to provide information on the global impacts of pollution caused by Chinese-supported plants and measures to ensure Belt and Road Initiative projects align with the Paris Agreement’s climate objectives.

China responded to the communication on 27 May 2021, rejecting the allegations as false and emphasising its commitment to international responsibility for climate change. China stated that the Tuzla plant, one of the plants in question, is intended to replace outdated units, complying with EU carbon emissions standards and contributing to local development and reliable energy supply. BiH had not responded yet.

Claim:

The case revolves around the alleged violations of human rights related to pollution, waste, and climate change resulting from the operation of Chinese-supported coal-fired plants in the Federation of Bosnia and Herzegovina. The claim is that both Bosnia Herzegovina and China have failed to meet international human rights obligations for human and environmental rights, including the right to a healthy environment, life, health, bodily integrity, safe drinking water, and sanitation. The construction and operation of these plants are accused of exacerbating climate change conditions by increasing greenhouse gas emissions. The communication seeks measures to address these concerns, emphasising the responsibility of states under international human rights law to prevent, investigate, punish, and redress such abuses.

Links:

The case documents can be found here. The documents are also available for download below:

DownLoadPublicCommunicationFile-CHNDownload
DownLoadPublicCommunicationFile-BIHDownload
DownLoadFile-response0CHNDownload

Status of the case:
The case is currently pending before the UN Special Rapporteurs.

Suggested citation:
Violations of Human Rights by Federation of Bosnia Herzegovina (BiH) and China due to Coal Fired plants in BiH, AL BIH 2/2021 and AL CHN 2/2021 (17 March 2021).

Last updated:
15 January 2024.

Categories
Domestic court Indigenous peoples rights Participation rights Right to a healthy environment Right to health Right to water Rights at stake Thailand

Residents of Omkoi v Expert Committee on EIA Consideration et al.

Summary:

On 4 April 2022, members of Kabeudin village, an Indigenous Karen community in Omkoi district, Chiang Mai province, Thailand, filed a lawsuit at the Chiang Mai Administrative Court against the Office of Natural Resources and Environmental Policy and Planning and the Expert Committee on Environmental Impact Assessment Consideration. The legal action aims to revoke the alleged flawed environmental impact assessment (EIA) associated with the Omkoi coal mine project by the 99 Thuwanon Company. Residents argue that the coal mine poses substantial risks to long-term health and livelihoods. The lawsuit specifically targets deficiencies in the original EIA, which was executed over ten years ago, lacked meaningful community participation, and contains errors and omissions. Thailand’s National Human Rights Commission (NHRC) reportedly identified human rights violations in the EIA in 2020, and recommended a plan revision. If the project proceeds, residents fear it will infringe upon their right to a healthy environment and life-sustaining resources like clean air and water. The lawsuit seeks a transparent and legally compliant new EIA in line with Thai law and international standards. On 23 September 2022, the Administrative Court issued an order for temporary protection, thereby suspending the activities of the coal mining project until a final judgment from the Court is delivered.

Claim:

The residents of Omkoi assert that the EIA for the Omkoi coal mine project, conducted by the 99 Thuwanon Company over a decade ago, is fundamentally flawed and poses a significant threat to the community’s long-term health and livelihoods. The lawsuit seeks the revocation of the alleged outdated EIA and the initiation of a new assessment process characterized by transparency and meaningful community participation. The claim emphasizes that the original EIA lacked adequate opportunities for local engagement, contained errors and omissions, and was previously identified by the NHRC for human rights violations. The residents contend that allowing the coal mine project to proceed would violate their right to a healthy environment and life-sustaining resources like clean air and water.

Links:

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

Status of the case:

The case is currently pending before the Chiang Mai Administrative Court of Republic of Thailand.

Suggested citation:

Residents of Omkoi v Expert Committee on Environmental Impact Assessment Consideration and the Office of Natural Resources and Environmental Policy and Planning, Chiang Mai Administrative Court of Republic of Thailand, Black Case Sor. 1/2565 (4 April 2022).

Last updated:
15 January 2024.

Categories
2021 Domestic court Ecuador Gender / women-led Paris Agreement Right to a healthy environment Right to health Right to subsistence/food Right to water Rights of nature

Herrera Carrion et al. v Ministry of the Environment et al. (“Caso Mecheros”)

Summary:

The Caso Mecheros ruling, issued by the Provincial Court of Justice of Sucumbíos in 2021, revolved around nine girls from the provinces of Sucumbíos and Orellana who lodged a constitutional injunction against the Ecuadorian government. In their lawsuit, the applicants asserted that the practice of gas flaring violated their rights to water, health, food sovereignty, and a healthy, ecologically balanced environment. The flares are open-air pipes that burn and expel natural gas at an average temperature of 400 degrees Celsius. The pollution resulting from gas flaring was alleged to have severe impacts on the environment, human health, biodiversity, and climate change. The plaintiffs sought the annulment of gas flaring authorizations, immediate removal of flaring towers, and a prohibition on new oil-related flares in the Amazon region.

Claim:

The plaintiffs argued that the common practice of gas flaring by the Ecuadorian state violated their rights to water, health, food sovereignty, and a healthy, ecologically balanced environment. They asserted that the state’s actions contributed to environmental damage, health issues, biodiversity loss, and climate change. Their specific requests included the annulment of gas flaring authorisations, immediate removal of existing flaring towers, and a prohibition on new oil-related flares in the Amazon region.

Decision:

Initially, on 7 May 2020, the request was denied by the court of first instance. According to Judge María Custodia Toapanta Guanoquiza, there were no studies confirming the impact of gas flaring on the health of people in the area. However, on 29 July 2021, the Provincial Court of Justice of Sucumbíos ruled in favour of the plaintiffs’ appeal, asserting that the Ecuadorian State failed to uphold the girls’ rights to reside in a healthy environment. The ruling highlights the disregard for various international environmental commitments made by Ecuador, notably its Nationally Determined Contributions presented during the COP 21 to the United Nations Framework Convention on Climate Change. As part of its decision, the Court has mandated an updated plan for the gradual elimination of gas flares, with a priority on removing those in close proximity to populated areas within 18 months. Additionally, it stipulated the complete removal of all gas flares by December 2030. The decision also permits new authorisations for clean technologies, provided they are situated away from populated centres.

This landmark decision not only establishes a legal precedent but is also hailed as a historic triumph. It draws a crucial connection between the repercussions of gas flaring and the violation of fundamental rights enshrined in the constitution. The ruling underscores the adverse health effects associated with gas flaring and has the potential to influence public policies in other nations grappling with similar environmental challenges.

Links:

The case documents are accessible for download below (in the original Spanish).

rulingDownload
Decision-court-of-first-instanceDownload

Status of the case:

Decided.

Suggested citation:

Herrera Carrion et al. v. Ministry of the Environment et al. (Caso Mecheros), Provincial Court of Justice, Juicio No: 21201202000170 (Jul. 29, 2021) (Ecuador).

Last updated:

12 January 2024.

Categories
Brazil Class action Deforestation Domestic court Emissions reductions/mitigation Human dignity Right to a healthy environment Right to health Right to life Right to subsistence/food

Institute of Amazonian Studies (IEA) v Brazil

Summary:

The IEA v. Brazil case centres on the severe deforestation crisis in the Brazilian Amazon, a major global climate concern. The Institute of Amazonian Studies (IEA), an NGO, initiated a public civil action, not only demanding the Brazilian government’s compliance with national climate laws but also advocating for the recognition of a new fundamental right to a stable climate for both current and future generations. IEA contends that the government has failed to meet emissions targets outlined in the National Policy on Climate Change, specifically the Plan to Prevent and Combat Deforestation in the Legal Amazon. The NGO seeks court orders to enforce compliance with these plans and, in case of non-compliance, calls for reforestation and resource allocation. Importantly, IEA asserts the existence of a fundamental right to climate stability implicit in the Brazilian Constitution, crucial for human life and ecological balance. This right encompasses various aspects such as an ecologically balanced environment, dignified life, inviolability of life, freedom, equality, security, property, health, food, and housing. The case also challenges the burden of proof, with IEA requesting a reversal, arguing that the government, holding evidence, should prove compliance with climate policies and lack of influence on deforestation rates.

Claim:

The IEA’s main contentions involve compelling the Brazilian government to adhere to climate policies, implement deforestation reduction plans, and acknowledge a fundamental right to climate stability. Additionally, the NGO seeks a reversal of the burden of proof, placing the responsibility on the government to demonstrate compliance with climate regulations and its non-influence on deforestation rates.

Legal developments:

In July 2021, the Federal District Court of Curitiba initially declined jurisdiction and transferred the case to the Court of Amazonas. However, this decision was subsequently suspended on 20 August 2021 by the Federal Appellate Court, following a ruling from the reporting judge. The Appellate Court reversed the lower court’s decision, returning the case to the Federal District Court.

During this process, the question of whether the case should be consolidated with another one, Federal Prosecutor’s Office v. IBAMA, concerning the operationalisation of monitoring bases in critical areas within the Amazon, was also considered. The Court determined that the two cases were distinct in terms of typology, structure, objective, cause of actions, and demands. Specifically, it highlighted the differences between IEA v. Brazil, aimed at ensuring the federal government takes steps to implement climate policies, and Federal Prosecutor’s Office v. IBAMA, which addresses environmental law matters.

On 7 December 2021, the Third Chamber of the Appellate Court affirmed the decision to return the case to the Federal District Court. The Court emphasised that, although both lawsuits dealt with illegal deforestation, they had different focuses. IEA v. Brazil concentrated on reducing Brazilian emissions through deforestation reduction, while Federal Prosecutor’s Office v. IBAMA addressed an environmental law case focused on combating deforestation in ten “ecological hotspots” within a specific timeframe, namely the COVID-19 pandemic. The Court underscored the distinction between climate litigation and environmental litigation in making its determination.

Links:

The case documents are accessible here and here.

Status of the case:

The case is currently pending before the Federal Court of Curitiba.

Suggested citation:

Institute of Amazonian Studies v. Brazil, Federal Regional Court, Fourth Region, ACP No. 5048951-39.2020.4.04.7000, 29 March 2022 (Brazil).

Last updated:

12 January 2024

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
Domestic court Fossil fuel extraction Indigenous peoples rights Indigenous peoples' rights Participation rights Right to a healthy environment Right to health South Korea

Kang et al. v KSURE and KEXIM

Summary:
In March 2022, four individuals, including one Korean national and three Australian nationals from the indigenous community of the Tiwi Islands, filed a complaint before the Seoul District Court. The complaint specifically targets two public Korean debtor corporations—Korea Trade Insurance Corporation and Korea Export Import Bank—by challenging their financial support for the Barossa gas field development project. This fossil gas reserve initiative, led by SK E&S Co., Ltd. (a South Korean conglomerate), Santos Ltd. (an Australian oil and gas corporation), and Jera Co. (Japan’s largest power company), is located off the coast of Australia’s Northern Territory, near the Tiwi Islands. The applicants oppose the project, highlighting potential irreversible environmental, legal, and financial risks. The plaintiffs argue that endorsing the Barossa Gas Project would violate their constitutional rights to health and a healthy living environment. They are seeking a preliminary injunction to prevent the defendants from supporting the project.

Claim:
The claim underscores the environmental risks associated with the Barossa Gas Project, projecting an annual emission of 15Mt of CO2 and potential harm to the marine ecosystem, including endangered sea turtles, and indigenous communities. Legal risks involve insufficient consultation with indigenous communities and a potential dispute over control of the gas field given its location within the Indonesian exclusive economic zone (EEZ). Financial risks are tied to the project’s inconsistency with climate goals, an anticipated decline in fossil gas demand, and underdeveloped carbon capture and storage technologies. The plaintiffs base their claim on constitutional environmental rights, Tiwi Islanders’ property rights, and the South Korean National Finance Act. They emphasise the deficiencies in the consultation and assessment processes for the proposed Barossa pipeline in a habitat protection zone near the Tiwi Islands. The central issue revolves around whether the Tiwi Islanders were adequately consulted and if environmental and climate impacts were sufficiently assessed for the Barossa project.

Links:
The complaint is accessible for download below (in the original Korean).

20220323_16485_petitionDownload

Status of the case:
Pending.

Suggested citation:
Kang et al. v. KSURE and KEXIM (South Korea, Seoul District Court), pending case filed on 23 March 2022.

Last updated:
12 December 2023.