Blog By: Yuha Jung
Can our judicial system play a role in addressing the pressing climate challenges of our time? The answer might be found in looking at the details of climate cases and their potential consequences, both positive and negative, in future litigation of climate change and reaching critical and impactful solutions. Two recent youth climate cases, one decided (Held v. State, Montana)[i] and the other pending (Genesis v. EPA, California),[ii] highlight legal actions addressing human rights harms caused by climate change.
In Held v. State, a group of 16 young people filed a suit in Montana First Judicial District Court, arguing that the state violated their constitutional right to “a clean and healthful environment.”[iii] The plaintiffs, aged 5 to 22, claimed that Montana’s permitting of fossil fuel development without considering climate impacts harmed them physically and mentally, challenging the constitutionality of fossil fuel-based provisions of Montana’s State Energy Policy Act[iv] as well as a provision of the Montana Environmental Policy Act (MEPA).[v] MEPA prohibits the state and its representatives from taking into account the effects of greenhouse gas emissions (GHG) or climate change in their environmental assessments.[vi] Held also contested the collective actions undertaken by the state to establish and maintain a fossil fuel-dependent energy system under these two legal statutes.[vii] In August 2023, the court ruled that the state’s action of permitting excessive fossil fuel development indeed violated the plaintiffs’ Constitutional rights “to a clean and healthful environment and is unconstitutional on its face.”[viii] It said “Montana’s GHG emissions and climate change have been proven to be a substantial factor in causing climate impacts to Montana’s environment and harm and injury to the Youth Plaintiffs,”[ix] permanently enjoining the 2023 version of the MEPA Limitation.[x]
This decision is monumental, demonstrating the critical role of courts in solving pressing climate challenges of our time.[xi] However, these climate lawsuits may have negative consequences. For instance, environmental attorneys are raising alarms over a lawsuit initiated by young Californians against the Environmental Protection Agency (EPA), challenging its handling of emissions that contribute to global warming (Genesis v. EPA).[xii] There is apprehension that a predominantly conservative Supreme Court may dismiss the case, potentially setting a precedent that could deter future legal actions from climate activists.[xiii] This suit, Genesis v. EPA, was filed in December 2023 at the U.S. District Court of Central District of California.[xiv] Genesis accuses the EPA of violating the plaintiffs’ right to a healthy environment.[xv] The plaintiffs are asking the court to deliver a declaratory judgment asserting that the EPA has breached their fundamental constitutional rights to equal protection under the law and their essential rights to life,[xvi] asking to stop discriminating against children.[xvii] Critics argue that the case may lack a real chance of success and could result in a court ruling limiting individuals’ standing based on harm from climate change.[xviii] Should the case ascend to the Supreme Court, it could establish a precedent with broad implications for future climate-related legal actions,[xix] potentially hindering the judiciary's ability to address vital climate issues.
Despite the concerns from environmental lawyers, who think Genesis is not strong enough to be won, using the judiciary to tackle climate challenges in general may positively impact in protecting the future of a clean and healthy climate for all. The United Nations Environment Programme said the count of climate change-related lawsuits has surged, increasing from 884 in 2017 to 2,180 by 2022.[xx] Although the majority of these cases originate in the United States, climate litigation is gaining momentum globally, with approximately 17% of cases now emerging from developing countries.[xxi] Courts are increasingly recognizing the link between human rights and climate change, leading to stronger protections for vulnerable groups and pushing for greater accountability, transparency, and justice in environmental policies.[xxii] This judicial trend is encouraging more ambitious climate change mitigation and adaptation efforts from governments and corporations.[xxiii]
The judiciary’s role in climate change litigation, as shown in cases like Held v. State and Genesis v. EPA, underscores both the potential for legal approaches to enforce environmental protections and the challenges they face. While victories like Held v. State mark significant progress for climate activism, concerns surrounding cases like Genesis v. EPA highlight climate litigations’ complexities and potential limitations. Nevertheless, the growing number of climate lawsuits globally suggests an increasing recognition of environmental health as a human right, pointing towards the judiciary’s evolving role in driving climate action and safeguarding a sustainable future.
[i] “This Is About Our Human Rights:” U.S. Youths Win Landmark Climate Case, OFFICE OF THE HIGH COMMISSIONER FOR HUMAN RIGHTS (Aug. 29, 2023), https://www.ohchr.org/en/stories/2023/08/about-our-human-rights-us-youths-win-landmark-climate-case [https://perma.cc/KXU4-DCXK].
[ii] Lesley Clark, Environmental Lawyers are Worried about the New Youth Climate Case, E&E NEWS (Jan. 24, 2024, 6:08 AM),
https://www.eenews.net/articles/environmental-lawyers-are-worried-about-the-new-youth-climate-case/ [https://perma.cc/UFM3-APUA].
[iii] “This Is About Our Human Rights,” supra note 1; Held v. State of Montana, CDV-2020-307, 2023 WL 1997864, at 2 (D. Mont. Aug. 14, 2023).
[iv] Mont. Code Ann. § 90-4-l00l(l)(c)-(g).
[v] Mont. Code Ann. § 75-1-201(2)(a) (MEPA Limitation).
[vi] Held v. State of Montana, CDV-2020-307, at 2.
[vii] Id. at 2.
[viii] Id. at 102.
[ix] Id. at 101.
[x] Id. at 102.
[xi] “This Is About Our Human Rights,” supra note 1.
[xii] Clark, supra note 2.
[xiii] Clark, supra note 2.
[xiv] Complaint, Genesis B. v. U.S. Environmental Protection Agency, No. 2:23-cv-10345 (C.D. Cal. 2023).
[xv] Genesis B. v. U.S. Environmental Protection Agency, at 93.
[xvi] Genesis v. EPA, OUR CHILDREN’S TRUST, https://www.ourchildrenstrust.org/genesis-v-epa (last visited Mar. 20, 2024) [https://perma.cc/Y5CP-TXZE].
[xvii] Clark, supra note 2.
[xviii] Id.
[xix] Id.
[xx] Climate Litigation More Than Doubles In Five Years, Now A Key Tool In Delivering Climate Justice, UNITED NATIONS ENVIRONMENT PROGRAMME, (Jul. 27, 2023), https://www.unep.org/news-and-stories/press-release/climate-litigation-more-doubles-five-years-now-key-tool-delivering [https://perma.cc/5TXK-8XRF].
[xxi] Id.
[xxii] Id.
[xxiii] Id.