Youth plaintiffs in the Held v. Montana climate case leave the Montana Supreme Court on July 10, 2024, in Helena, Montana. Photo: Independent Record via AP
Youth-led climate litigation is revolutionising the global response to the climate crisis. By holding governments and corporations accountable, young people frame climate inaction as a human rights violation. They argue that the disproportionate impacts on younger generations demand bold, systemic solutions. This litigation emphasises the urgent need for climate action, pushing for transformative change to address the escalating emergency. It serves as a powerful tool for advocating for climate justice and protecting the rights of future generations.
Major milestones
A landmark moment in youth-led climate litigation occurred with the Held v. State of Montana case in the U.S. In a historic decision, the Montana Supreme Court upheld a district court ruling in favour of 16 young plaintiffs who argued that Montana’s fossil fuel policies violated their constitutional rights and failed to address the climate crisis. This 6-1 decision marked the first time a U.S. State Supreme Court affirmed young people’s constitutional right to a clean and healthful environment in the context of climate change. The roots of the case trace back to August 2023, when district court judge Kathy Seeley ruled in favour of the plaintiffs, making Held v. Montana the first youth-led constitutional climate lawsuit in the U.S. to go to trial and secure a victory.
Judge Seeley underscored the direct link between greenhouse gas emissions and the worsening climate crisis, emphasising that each ton of emissions amplifies environmental harm. Her ruling broadened Montana’s constitutional right to a clean and healthful environment by including the protection of the broader climate system. The Supreme Court upheld her findings, striking down laws restricting greenhouse gas considerations in fossil fuel permitting and blocking constitutional remedies for environmental harm. This decision mandates Montana to integrate climate and public health concerns into its energy policies, marking a governance shift. It underscores intergenerational equity and inspires youth-led efforts to shape climate policy.
Youth-led climate litigation is gaining traction globally. In Canada, La Rose v. His Majesty King case represents a significant step forward. In this lawsuit, young plaintiffs argue that Canada’s insufficient climate policies violate their rights to life, liberty, and security under Section 7 of the Canadian Charter of Rights and Freedoms. The Canadian federal government recently announced it would not seek to dismiss the case, paving the way for an eight-week trial scheduled for October 2026 in Vancouver. The plaintiffs contend that current policies disproportionately harm children and youth. They advocate for a mandate requiring the government to implement a comprehensive, science-aligned climate recovery plan.
In the Netherlands, a court ruling compelled the government to adopt stricter emissions targets. Colombia’s Supreme Court recognised the Amazon rainforest as a legal entity, mandating its protection for future generations. Germany’s Constitutional Court required stronger climate policies to uphold youth rights.
India has seen its share of youth-driven climate litigation, most notably through a petition filed in March 2017 by nine-year-old Ridhima Pandey before the National Green Tribunal (NGT). Her petition sought measures including integrating climate change into environmental impact assessments, establishing a national greenhouse gas inventory, and creating carbon budgets for development projects.
In 2019, the NGT dismissed her case. However, her appeal to the Supreme Court is pending, with the court appointing amicus curiae and requesting government inputs on carbon rules. Ms. Pandey’s efforts have profoundly influenced India’s climate discourse, showcasing the youth’s role in demanding stronger policies and intergenerational equity.
Transformative implications
Youth-driven legal battles are transforming climate policy, evolving from awareness campaigns led by figures like Greta Thunberg to courtroom advocacy demanding systemic change. These lawsuits emphasise the intersection of human rights and environmental sustainability, inspiring global movements and compelling governments to rethink inadequate climate strategies.
In India, the path to youth climate activism is complex, with increasing crackdowns on protests and shrinking spaces for public engagement. Despite this, youth groups persist, using digital platforms and aligning with movements led by farmers and tribal communities. This resilience underscores their commitment. As young activists challenge policies in courts, the outcomes of cases could shape the future of climate activism in India. Protecting their advocacy rights is crucial to amplifying their voices and achieving climate justice.
Youth-driven climate litigation is revolutionising the global climate movement, achieving landmark wins, and demanding government accountability. By stressing intergenerational equity and science-based policies, young activists push governments to prioritise bold and sustainable actions. These legal efforts underscore the crucial role of youth in shaping climate policy and safeguarding the planet’s future. By leveraging the law, young people are driving transformative change, ensuring a liveable world for generations to come, and inspiring a new wave of climate leadership and activism.
Nabeela Siddiqui is Assistant Professor, Vinayaka Mission’s Law School, VMRF-DU, Chennai
Published – January 02, 2025 07:18 pm IST
