On Oct. 29, "a judge in Oregon will begin hearing a case brought against the United States government on behalf of 21 young people, supported by the non-profit organization Our Children’s Trust, who allege that the authorities’ active contributions to the climate crisis violate their constitutional rights," as Peter Singer wrote for Project Syndicate in 2018.
"The first climate litigation to win a positive decision was Urgenda Foundation v. The State of Netherlands, in which a Dutch court ruled, in 2015, that the government must ensure that the country’s emissions are cut by one quarter within five years. In response, the Dutch government did step up its actions to reduce emissions, but it also appealed the judgment. In October, The Hague Court of Appeals will deliver its verdict on that appeal.
Important as Urgenda has been, Juliana v. United States is by far the most significant climate case to date.
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If we take the view that every person on this planet is entitled to an equal share of the atmosphere’s capacity to absorb our greenhouse-gas emissions, then the US is emitting 3.5 times its fair share. ... Moreover, the principle of equal per capita emissions is generous to the old industrialized countries, because it ignores their historical responsibility for the past emissions that have led to the situation we face today."