In Novel Tactic on Climate Change, Citizens Sue Their Governments
Global warming is already disrupting the planets weather. Now it is having an impact on the courts as well, as adults and children around the world try to enlist the judiciary in their efforts to blunt climate change.
In the United States, an environmental law nonprofit is suing the federal government on behalf of 21 young plaintiffs. Individuals in Pakistan and New Zealand have sued to force their governments to take stronger action to fight climate change. A farmer in Peru has sued a giant German energy utility over its part in causing global warming.
And while the arguments can be unconventional and surprising, some of the suits are making progress.
Last month, a federal magistrate judge in Oregon startled many legal experts by allowing the lawsuit filed on behalf of 21 teenagers and children to go forward, despite motions from the Obama administration and fossil fuel companies to dismiss it; the suit would force the government to take more aggressive action against climate change. The ruling by the magistrate judge, Thomas M. Coffin, now goes to Federal District Court to be accepted or rejected.
Michael B. Gerrard, the director of the Sabin Center for Climate Change Law at Columbia Law School, called the ruling a potential landmark.
It is the first time a federal court has suggested that government may have a constitutional duty to combat climate change, and that individuals can sue to enforce that right, he said.
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http://www.nytimes.com/2016/05/11/science/climate-change-citizen-lawsuits.html?ref=world&_r=0