In the wake of escalating domestic oil and gas production and unmet promises from fossil fuel companies, the battleground for climate action is shifting to courtrooms. Climate activists are increasingly seeking accountability for environmental damage through legal means, and with numerous lawsuits underway, 2024 appears poised to become a pivotal year in the fight against climate change. Here's an in-depth look at eight key developments to closely monitor in the coming months.
Revolutionary Montana Decision Adopted:
In August 2023, a Montana judge issued a groundbreaking decision favoring young residents who argued that the state's pro-fossil fuel policies violated their right to a clean environment. The ruling, deemed the strongest ever on climate change, is currently under appeal in Montana's supreme court. If upheld, it could compel the state to reassess its environmental policies, particularly in energy permitting processes.
Hawaii's Youth Take the Stand:
Scheduled for June, a Hawaii judge is set to preside over a youth-led case targeting the state's transportation agency for its alleged failure to collaborate in reducing carbon pollution. The trial is expected to provide a platform for young activists, echoing the historic Juliana v US case. However, the Biden administration's attempt to dismiss the case adds an element of uncertainty to the proceedings.
Cases of New Kids:
In December, Our Children’s Trust initiated another federal lawsuit in California, this time focusing on the Environmental Protection Agency. With pending litigation in Florida, Utah, and Virginia, the year promises to bring forth "exciting" new complaints, further expanding legal actions against climate negligence.
Legal Obstacles in Cases of Climate Deception:
Despite recent victories against fossil fuel companies, legal challenges persist. The industry seeks dismissal by arguing that federal policy preempts plaintiffs' claims. However, recent US Supreme Court rulings have favored the plaintiffs, representing a significant legal victory for climate advocates.
Findings on Cases of Climate Deception:
While trials may not take place this year, the pre-trial discovery phase could prove pivotal. This stage allows plaintiffs' lawyers to request information about oil companies' efforts to sow doubt about climate change. Massachusetts, Rhode Island, and Honolulu have already begun this process, with more jurisdictions likely to follow suit.
New Cases of Climate Deception:
Governments are expected to launch fresh suits against major oil players, with new plaintiffs, including California's Governor Gavin Newsom, joining the legal fray. This diversification of litigants suggests a tipping point in the commercial viability of climate lawsuits.
Additional Climate Cases:
Beyond deception cases, 2024 might witness an uptick in litigation targeting corporations such as Delta Airlines and Nike for greenwashing. Plastic producers may also face increased accountability for environmental damages, with conservation groups continuing to challenge harmful initiatives.
Will Biden Enter the Ring?
Calls for the Biden administration to file its lawsuit against big oil have gained momentum. Such a move could redefine the global landscape of climate litigation and garner substantial support from climate voters, making it a potential turning point in the battle against climate change.
Conclusion:
As climate lawsuits gain momentum, 2024 holds the promise of significant legal victories that could reshape environmental policies and hold polluters accountable. The courtroom battles represent a crucial front in the larger fight against climate change, and the outcomes could set precedents that shape environmental policies for years to come. As the year unfolds, these legal developments will undoubtedly be closely watched by environmentalists, policymakers, and concerned citizens alike.
