There have been many attempts to solve the problem of climate change….protests do little…..debate does nothing….but could litigation be the answer?

Recently in Montana there was a climate trial…..

Young environmental activists have scored a huge victory in Montana, where a judge has agreed that the state violated their constitutional right to “a clean and healthful environment.” In the first-of-its-kind Held v Montana case, District Judge Kathy Seeley ruled that it was unconstitutional for the coal and oil-producing state to allow fossil fuel development without considering the effect on the climate, the AP reports. The 16 plaintiffs in the case, ages 5 to 22, argued in June that the state was violating its own constitution—and destroying their future. Rikki Held, the plaintiff the case is named for, said climate change was hurting her family’s ranch.

Experts say the win could “energize the environmental movement and reshape climate litigation across the country,” per the Washington Post. Julia Olson, an attorney representing the young Montanans, describe the ruling as a “game-changer that marks a turning point in this generation’s efforts to save the planet from the devastating effects of human-caused climate chaos.” “This is a huge win for Montana, for youth, for democracy, and for our climate,” said Olson. She is the founder of the Our Children’s Trust nonprofit, which has filed similar lawsuits on behalf of young people in every state since 2011.

This was the first such case to go to trial, though a district court ruled in June that a federal case brought by the group can proceed to trial, the Guardian reports. Another case in Hawaii is expected to go to trial in June next year. The Montana victory sets an important precedent, experts say, though since bringing the law into compliance with the state constitution will be left to the GOP-controlled state legislature, it’s not clear whether it will lead to major changes, the AP notes.

With this small win could it be a template for further activism?

On this front, various efforts have been made to call for the acceleration of climate actions around the world. In the past years, advocacy campaigns, strikes, public demonstrations, and activists’ protests have been increasingly reported across media platforms, lobbying for countries to fulfil their climate pledges. Although some progress has been made, they are not enough to catch up with the fast-rising global temperature.

Increasingly individuals and non-governmental organizations are turning to climate litigation as part of the social movements, using human rights law as a strategic instrument to enforce climate actions.

Since the Paris Agreement in 2015, the number of climate change-related lawsuits has doubled from just over 800 cases (1986 -2014) to over 1,200 cases (2015 – 2022), with most cases based in the Global North (particularly in the US) and a growing number of cases from the Global South.

Human rights law offers strong grounds for litigation against states as states hold the primary responsibility and duty to protect human rights. At the European Court of Human Rights, three climate cases are pending before the Grand Chamber of the Court.

Among others, the climate cases were made on the grounds of the human rights violations of the right to life (Article 2), and the right to respect for private and family life (Article 8) as enshrined in the European Convention of Human Rights.

(ipsnews.net)

Is this the way forward?

Keep in mind that here in the US SCOTUS will have the last word and we all know how corruptible these political hacks can be, right?

Any thoughts?

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