On Earth Day, citizens all around the world make a concerted effort to reflect upon their relationship with nature, and collectively share what specific actions we can take to protect our planet against threats such as air and water pollution, deforestation, species decline, extreme weather events, and more — all of which are exacerbated by climate change.
The “Rights of Nature” movement is fundamentally rethinking humanity’s relationship with nature, and it is gaining momentum. It is led by activists advocating for ecosystems such as rivers, lakes, and mountains to bear legal rights in the same, or at least a similar, manner as human beings. This movement is striving for a paradigm shift in which nature is placed at the center and humans are connected to it in an interdependent way, rather than a dominant one. How would such a legal system work, and could giving rights to nature help in the legal battle against climate change? A few case studies offer some insight.
Posted in: Human Rights, International, Litigation, Natural Resources | Comment (0)
By Margaret Barry and Korey Silverman-Roati Each month, Arnold & Porter and the Sabin Center for Climate Change Law collect and summarize developments in climate-related litigation, which we also add to our U.S. and non-U.S. climate litigation charts. If you know of any cases we have missed, please email us at columbiaclimate@gmail.com. HERE ARE THE ADDITIONS TO THE CLIMATE CASE CHART SINCE UPDATE […]
Posted in: Fossil Fuels, Human Rights, Litigation, Natural Resources, public health | Comment (0)
By Christine Weniger In April 2019, both houses of the New York legislature voted to add a new section to New York’s constitutional Bill of Rights declaring: “ENVIRONMENTAL RIGHTS: EACH PERSON SHALL HAVE A RIGHT TO CLEAN AIR AND WATER, AND A HEALTHFUL ENVIRONMENT” (capitalization in original). If the amendment is passed by both houses […]
Posted in: Human Rights, public health, State Law | Comment (0)
Each month, Arnold & Porter and the Sabin Center for Climate Change Law collect and summarize developments in climate-related litigation, which we also add to our U.S. and non-U.S. climate litigation charts. If you know of any cases we have missed, please email us at columbiaclimate@gmail.com. HERE ARE THE ADDITIONS TO THE CLIMATE CASE CHART SINCE UPDATE # 135. FEATURED CASE Hawaiʻi Supreme […]
Posted in: Energy, EPA, Human Rights, International | Comment (0)
By Hillary Aidun and Malia Libby On January 17, 2020, the Ninth Circuit released its long-awaited opinion in Juliana v. United States. By a 2-1 vote, the panel declined to act on children’s claim that the U.S. government had violated their constitutional rights, including a right to “a climate system capable of sustaining human life,” […]
Posted in: Human Rights, Litigation | Comment (1)
By Margaret Barry and Hillary Aidun Each month, Arnold & Porter and the Sabin Center for Climate Change Law collect and summarize developments in climate-related litigation, which we also add to our U.S. and non-U.S. climate litigation charts. If you know of any cases we have missed, please email us at columbiaclimate@gmail.com. HERE ARE THE ADDITIONS TO THE CLIMATE CASE CHART SINCE UPDATE […]
Posted in: Energy, EPA, Human Rights, International, Litigation | Comment (0)
By Daniel Metzger and Hillary Aidun Major Developments in International Climate Litigation in Early 2020 The first two months of 2020 saw a significant number of notable developments in climate change litigation. Building on the recent Urgenda ruling, rights-based litigation is expanding, although recent decisions suggest that such lawsuits yield mixed results. Plaintiffs are also […]
Posted in: Human Rights, International, Litigation | Comment (0)
This January, five U.S. Tribes in Alaska and Louisiana submitted a complaint to multiple U.N. Special Rapporteurs, claiming that the U.S. government is violating its international human rights obligations by failing to address climate change impacts that result in forced displacement. The complaint is the second climate displacement-related complaint to be filed this year through […]
Posted in: Human Rights | Comment (0)
By Margaret Barry and Hillary Aidun Each month, Arnold & Porter and the Sabin Center for Climate Change Law collect and summarize developments in climate-related litigation, which we also add to our U.S. and non-U.S. climate litigation charts. If you know of any cases we have missed, please email us at columbiaclimate@gmail.com. HERE ARE THE ADDITIONS TO THE CLIMATE CASE CHART SINCE UPDATE […]
Posted in: Energy, Human Rights, International, Litigation, NEPA | Comment (0)
Each month, Arnold & Porter and the Sabin Center for Climate Change Law collect and summarize developments in climate-related litigation, which we also add to our U.S. and non-U.S. climate litigation charts. If you know of any cases we have missed, please email us at columbiaclimate@gmail.com. HERE ARE THE ADDITIONS TO THE CLIMATE CASE CHART SINCE UPDATE # 126 FEATURED CASE Fourth Circuit […]
Posted in: Clean Air Act, Clean Power Plan, Energy, EPA, Human Rights, International, SEQRA | Comment (0)