A recent court decision, based on an ancient human right, reflects a promising legal strategy to push emissions reduction for the sake of future generations.
for failing to act on climate change seemed naive. How would they prove in court that planetary warming was harming them or would harm them in the future? Even if they did, could they show that forcing one state to curb greenhouse gas pollution would spare them harm from global climate change?
And there was another, more fundamental question: Does government sanction of fossil fuel projects abridge young people’s constitutional rights — whether to life, liberty and happiness or to a healthy environment? Especially in the United States, the notion that teenagers might ever win such cases seemed a pipe dream.
The ruling would do away with a provision in the Montana Environmental Policy Act that forbids state agencies from considering the climate when greenlighting new fossil fuel projects such as coal mines. The ruling is based on the rights of residents alive today, and of those yet to be born, to a clean and healthy environment.If judges elsewhere adopt the Montana judge’s reasoning, citizens could force lawmakers to finally enact better climate policy.
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