for two decadesMany lawsuits of this nature have been tried, sometimes against companies, sometimes against governments, but most of them fail even before the trial stage. This is the case, for example, of 21 young men from Oregon who, with the support of the Our Children Trust, filed a lawsuit in 2015 against the federal government. Over the years, various courts have ruled that the case is outside their jurisdiction. In Quebec, the group Environnement Jeunesse filed a class action lawsuit against the Canadian government in 2018, which was dismissed. throughout the legal processuntil the Supreme Court in 2022. These lawsuits aim to accuse the political authorities of violating the basic rights of future generations, due to their inaction in the face of climate change.
On the contrary, there are few lawsuits against companies or governments that have actually reached the court stage, and environmentalists have some victories in their credit: in the Netherlands in 2015, the court granted the right to 886 plaintiffs who alleged that the Dutch government, By failing to meet its commitment to cut greenhouse gases by 20% by 2020, it was putting the lives of its citizens at risk. A court in her country has ruled that she has an obligation to do more to reduce greenhouse gas emissions, based on the 2015 Paris Agreement.
In the case of Montana, the Our Children Trust group He wanted to take advantage of the truth That this country has enshrined in its constitution – since 1972 – the right to a “clean and healthy environment” for “present and future generations.” Attorneys for 16 youths, ages 5 to 22, who filed a class action lawsuit in 2020, So it is alleged That Montana’s environmental policies, which promote fossil fuels, violate its constitution. Montana, located just south of Alberta, is a major producer of oil, gas, and coal.
that it The first case of its kind to be reachedin the United States of America, trial stage. A similar trial could theoretically begin in Hawaii this fall. Montana One which started on June 12th, is expected to last 10 days. Like the previous procedures, Defenders hope It will serve as a model elsewhere.
