Climate Litigation's Big 2024 - could 2025 be even bigger?
Jan 6, 2025
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In this insightful discussion, Dana Drugmand, the founder of Climate in the Courts, delves into transformative legal trends shaping climate accountability. They explore Vermont's Climate Superfund law and New York's groundbreaking initiative holding polluters financially liable. Dana highlights the remarkable youth-led cases advocating for environmental rights in Montana and Hawaii. Additionally, the conversation touches on crucial global rulings that could reshape climate obligations, and the potential of innovative climate tech sparked by these legal victories.
The enactment of New York's climate law compelling polluters to fund climate adaptation marks a significant advancement in climate accountability legislation.
Montana's constitutional recognition of a stable climate as a right highlights a growing judicial trend in favor of environmental protections for future generations.
Deep dives
Price Adjustments by Wireless Companies
Big wireless companies have the ability to raise prices in response to inflation, which raises questions about the implications of such increases on existing contracts. These companies often operate under long-term contracts with consumers, and it’s critical to examine whether price hikes due to inflation violate these agreements. This situation reflects a broader trend where profitability takes precedence over contractual obligations in the telecommunications sector. The discussion highlights the tension between consumer rights and corporate strategies to maximize revenue amidst rising costs.
Climate Legislation Developments
New York has enacted a significant climate law requiring carbon polluters to contribute up to $75 billion over 25 years to fund infrastructure improvements aimed at adapting to climate change. This legislation is crucial as it holds major oil and gas companies financially accountable for climate-related damages, signifying a shift in how states are addressing the costs of climate adaptation. The New York law stands out as a robust response, while Vermont's similar initiative focuses more on expert assessments for determining damages. This marks a pivotal change in the legal landscape surrounding climate accountability and sets a precedent for other states to follow.
Youth-Led Climate Rights Cases
In a groundbreaking ruling, the Montana Supreme Court recognized the right to a stable climate system as inherent in the state's constitution, affirming the rights of young people to a clean and healthy environment. This landmark decision came from a case brought by youth plaintiffs who argued that ongoing fossil fuel extraction severely impacts their future. Similarly, a case in Hawaii resulted in a settlement requiring the state to develop a roadmap for decarbonization, driven by youth activism. These cases indicate a growing trend where courts are acknowledging environmental rights, signaling a potential shift in legal frameworks to protect future generations from climate degradation.
In this episode, host Richard Delevan dives into the transformative legal battles shaping the future of climate accountability. From Vermont’s trailblazing Climate Superfund law to New York’s bold move to hold oil and gas companies financially liable for adaptation costs, we explore the "pincer movement" of legislation and litigation forcing polluters to pay.
Joining the conversation is Dana Drugmand, founder of Climate in the Courts, who shares insights into the biggest legal wins of 2024 and what they mean for 2025. From Montana’s historic recognition of a constitutional right to a clean and healthful environment to groundbreaking rulings in Europe and the International Court of Justice, this episode unpacks how courts and laws are changing the climate accountability landscape.
Key Topics Covered:
The growing momentum behind “polluter pays” laws in Vermont and New York
Youth-led climate cases in Montana, Hawaii, and South Korea
The role of human rights in climate litigation globally
The International Court of Justice’s potential impact on global climate obligations
How legal wins can drive innovation in climate technology
Links and Resources:
Learn more about Vermont’s Climate Superfund law: Read here
Details on New York’s Climate Superfund law: Read here
Explore Dana Drugmand’s Climate in the Courts: Visit here