Lesson plan; Climate Lawsuits Are On The Rise; A Global Push for Accountability

Sixteen youths brought Montana’s constitution into the courtroom this fall. This constitution grants citizens the right to a clean and healthful environment.’

According to the youths, the authorities are violating the constitution. The Republican majority in Montana has banned assessing the environmental consequences of new oil and gas fields. This state derives one-third of its energy from burning coal. It was a landmark ruling for the history books: It marked the first time American youths took a climate case to court. Moreover, Judge Kathy Seeley ruled in favor of the teenagers.

The verdict highlights how the environmental movement engages in political work and invests in the courts. Over the past five years, the number of lawsuits related to the environment has more than doubled. These figures come from Sabin, a Center for Environmental Law at Columbia University in the United States.

As of the beginning of 2023, the center had an overview of 2,180 cases scheduled for court proceedings across 55 countries. Experience shows that approximately half of these cases are won.”  Source: Aftenposten

“We know that a very small [number] of companies are responsible for half the world’s emissions. So we really need to hold companies accountable,” says Sam Cossar-Gilbert, who coordinates Friends of the Earth International’s economic justice program. However, he adds that this strategy has drawbacks. Since some companies — like some governments — have deep pockets, they “can delay a lot of these decisions for a very long time.” In the case against Shell, the company has appealed the decision and the process is still ongoing three years after the judgment.  Source: Knowable magazine. 

Learning Objectives:

• Students will understand the concept of climate lawsuits and their increasing role in the environmental movement.
• Students will analyze the case of Montana youths suing their state for violating their constitutional right to a clean environment.
• Students will discuss the potential impact of such lawsuits on climate action and policy.
• Students will consider the ethical implications of legal action as a tool for environmental advocacy.

Lesson plan

Introduction

• • Ask students what they know about climate change and its impact on the environment and society.
  • Briefly introduce the concept of climate lawsuits and their increasing prevalence.
  • Divide the class into small groups and have them read these two articles. E&E News and The Guardian, Knowable Magazine and Inside Climate News. 

Answer these questions:

• • 

    How many climate-related lawsuits have been filed globally in the past 12 months?

  • What role do lawsuits play in challenging government and corporate inaction on climate breakdown?
  • Which organization published the report on climate litigation?
  • What potential risks are associated with the growing legal backlash against climate cases?
  • Which countries have recently faced climate-related lawsuits at the European Court of Human Rights?

Essay questions:

1. To what extent does the Montana youths’ lawsuit represent a new and effective strategy for the environmental movement? Consider the potential advantages and disadvantages of using legal action compared to other forms of activism.
2. The Role of Climate Lawsuits in Advancing Environmental Accountability: Describe the significance of climate lawsuits as a tool for driving change.
3. Climate lawsuits often raise ethical concerns about access to justice and the role of corporations in shaping environmental policy. Analyze the ethical implications of using the legal system to address climate change, considering potential benefits and harms.
4. What role have lawsuits played in the battle against climate change?
5. Why did senior women climate activists in Switzerland file a lawsuit against the government?
6. What fundamental human right did the senior women argue was being threatened by the government’s actions?
7. What challenges do climate lawsuits face in terms of success?
8. How has climate change impacted Switzerland, despite its temperate and mountainous environment?

Additional information.

• Increasing Litigation: A recent report by Columbia University’s Sabin Center for Climate Change Law and the UN Environment Programme reveals that climate litigation has doubled in the last five years. As of this year, there are 2,180 climate change cases worldwide, with 1,522 in the United States alone.
• Global Impact: Climate cases span 55 countries, including Britain, Europe, and Australia, and growing numbers in Asia and the Global South.
• Legal Tools: Litigation is a critical tool used by various actors, including governments, NGOs, community groups, and the private sector, to advance climate action.
• Challenges in the U.S.: While some U.S. cases face dismissal or procedural delays, climate cases in other countries benefit from legally binding human rights commitments and environmental rights enshrined in constitutions.
• Basis of Climate Lawsuits: The report identifies six significant categories of climate lawsuits, including cases asserting violations of fundamental human rights related to life, health, food, and water.

“Rising Tide of Climate Lawsuits: A Global Push for Accountability”

Climate lawsuits have gained significant prominence in recent years. These legal actions aim to compel countries, municipalities, and companies to take concrete steps toward reducing carbon emissions or achieving net-zero targets. According to a report by Columbia University’s Sabin Center for Climate Change Law and the UN Environment Programme, climate cases have more than doubled in the last five years. As of this year’s beginning, 2,180 climate change cases are underway globally, with 1,522 of them in the United States alone. These lawsuits cover a wide range of issues related to climate change, including violations of fundamental human rights, environmental protections, and constitutional guarantees. While some cases face challenges in U.S. courts, other countries have seen more favorable outcomes due to legally binding commitments and constitutional provisions. The increasing prevalence of climate lawsuits reflects the growing urgency to address climate-related impacts through legal channels.