Climate Change Litigation: Juliana v. U.S., Constitutional Claims, International Cases, Corporate Fraud

Climate-related litigation is rising rapidly in the U.S. and internationally. In January 2020, the Ninth Circuit dismissed the claim in the high-profile Juliana litigation. The youth plaintiffs alleged, through the federal government's affirmative actions that cause climate change, it has violated the youngest generation’s constitutional rights to life, liberty, and property, as well as failed to protect essential public trust resources.

The Ninth Circuit concluded that Article III courts do not have the authority to order the U.S. to prepare and implement an enforceable national remedial plan to phase out fossil fuel emissions. The majority opinion concluded, "... any effective plan would necessarily require a host of complex policy decisions entrusted, for better or worse, to the wisdom and discretion of the executive and legislative branches."

In Ireland, the Netherlands, and the Philippines, claimants sought to enforce environmental protection in courts, asserting constitutional and human rights violations under international treaties.

In Ireland, the Supreme Court overturned the Government’s "excessively vague and aspirational" plan to combat climate change, ruling the National Mitigation Plan (2017-2022) lacks specificity and does not comply with Ireland's obligations under the Climate Action and Low Carbon Development Act2015 to give sufficient detail about achieving the national-transition objective of a low-carbon economy by the end of 2050.

Dutch courts ruled The Netherlands must reduce its greenhouse gas emissions by at least 25 percent compared with 1990 levels by the end of 2020. The Commission on Human Rights of the Philippines ruled that, while current international human rights law does not address legal responsibility for climate change, major fossil fuel companies are morally obligated to respect human rights under the U.N. Guiding Principles on Business and Human Rights.

Although constitutional and human rights environmental claims have historically failed in U.S. courts, there are pending claims against BPD and Exxon based on corporate fraud and the defendants' failure to disclose the scope and limits of renewable energy. All stakeholders in the climate change debate must be on top of worldwide current climate change litigation and outcomes to prepare, assert, or defend against lawsuits.

Listen as our authoritative panel reviews the current status and future prospects of climate change litigation.