environmental law | Future Yada Yada Yada

In the article I mentioned yesterday, Peter Singer also gives a brief review of some climate change-related legal and political events going on internationally.

In 1992, countries, including the US, China, India, and all European states (and a total of 189 by 2006) accepted responsibility for addressing climate change. Meeting at the “Earth Summit” in Rio de Janeiro, they agreed to stabilize greenhouse gases “at a low enough level to prevent dangerous anthropogenic interference with the climate system…”

Yet, with very few exceptions, governments have failed to take sufficient action to halt climate change, and most exacerbate the danger by continuing to support the use of fossil fuels. Hence activists in Belgium, Colombia, Ireland, New Zealand, Norway, Pakistan, Switzerland, and the Netherlands are seeking to use the courts to gain what they cannot obtain through political action.

The first climate litigation to win a positive decision was Urgenda Foundation v. The State of Netherlands, in which a Dutch court ruled, in 2015, that the government must ensure that the country’s emissions are cut by one quarter within five years. In response, the Dutch government did step up its actions to reduce emissions, but it also appealed the judgment.

This article was written in December, and the Dutch court system did apparently uphold the decision in an October ruling.

Peter Singer is arguing for the importance of the lawsuit brought by children against the United States government for failing to address climate change.

The plaintiffs claim that their government’s active contribution to climate change has violated their constitutional rights to life, liberty, and property. When the government sought to prevent the case from being heard, the federal district court of Oregon issued a historic ruling that “the right to a climate system capable of sustaining human life is fundamental to a free and ordered society.”

When Juliana v. United States is appealed to the US Supreme Court, as seems inevitable, the question may no longer be whether the preservation of the plaintiffs’ constitutional rights requires “a climate system capable of sustaining human life”; it undeniably does. Instead, the Court will have to decide whether it is willing to heed the scientific evidence that the actions of the US government are indeed jeopardizing the survival of human life on our planet. If it is, even the most conservative justices will find it difficult to escape the conclusion that the government is in violation of the US Constitution.

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