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Closure on a Landmark Climate Case

In today's edition of This Week in Climate, we look at the Juliana Climate Case and the future of Climate Litigation.
Abigail Bassett
Apr 4, 2025 • 7 min read
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Last week the United States Supreme Court declined to hear an appeal in the landmark Juliana climate case. The denial has broad implications for other lawsuits that young people have brought to courts around the globe, and underlines how pivotal the courts have become in the fight for climate justice. Climate lawsuits are a double-edged sword, serving as both a tool that activists can use to battle governments and big corporations, but it also lays bare the challenges and widespread implications that these court cases can and do have on activism worldwide.

What is the Juliana Case? Why Does it Matter?

It has taken ten years for Juliana vs. United States to land in front of the Supreme Court. At issue was an appeal filed by the plaintiffs against a Ninth Circuit Court of Appeals ruling that courts were not the right place to address the issue of climate change, and should be addressed by the “political branches of government,” according to the 2020 opinion.

Over the last few years, the courtroom has emerged as one of the many fronts that climate advocates can use to make headway against giant corporations and politicians set on rolling back climate protections. Last week, Greenpeace suffered a major setback when it lost a SLAPP case against a Dallas-based petroleum company called Energy Transfer over its alleged "defamation" role during the Dakota pipeline protests in Montana nearly a decade ago.

The Juliana case faced a similarly long timeline as the Greenpeace case and started in 2015 when a group of young plaintiffs, aged 8-19, filed a lawsuit against the US government alleging that its affirmative actions causing climate change violated their constitutional rights to life, liberty, and property. The case aimed to get the US to "implement a plan to phase out fossil fuels" and reduce carbon emissions. In 2016, a judge denied the government's request to dismiss the case, which was then followed by the decision in 2020.

From 2020 to 2024, the young plaintiffs worked to amend their case to address the issues that the appellate court brought up, but this week’s ruling effectively ends the case’s movement.

Currently, there is a similar case moving through the courts in the US, called Held vs. Montana. In 2023, a judge ruled that the state of Montana's policies that support fossil fuel projects exacerbated climate change and directly impacted young people's health and futures. That case was appealed to the Montana Supreme Court, which ruled in favor of the young people in January of 2024.

A Global Trend of Youth-Led Lawsuits

Juliana not only inspired more youth-led litigation but also had a ripple effect around the world.

For example, there's a case in Portugal in which a group of young people is suing 33 different countries over the climate crisis.

In Japan, a group of 16 young people filed a lawsuit against 10 major thermal power companies in Japan for the companies’ carbon dioxide emissions and how they contribute to climate change. It’s the country’s first youth-led climate suit.

In South Korea, young people recently won a landmark constitutional ruling declaring parts of the country's climate law inadequate and mandating stricter emissions targets. In Colombia, youth plaintiffs secured a historic win when the Supreme Court ordered the government to protect the Amazon rainforest and acknowledged the rights of future generations to a stable climate.

The common thread is that young people will clearly bear the brunt of climate change, and they have the right to a livable planet–but how can they effect long-term change when they’re too young to vote or advocate? These arguments are increasingly gaining ground and being taken seriously in courts around the world.

How Juliana Has Impacted Climate Litigation

While the recent dismissal stops the Juliana case, there are others that have borrowed from the playbook here in the US in the fight against climate change. The non-profit group that brought the litigation, Our Children's Trust, has actually won another case, and is in the process of litigating a third, with arguments taken from the framing of the Juliana case. Our Children's Trust won a settlement with the State of Hawaii in its case of Navahine vs. Hawaii Department of Transportation, forcing the state to cut carbon dioxide emissions from its transportation system over the next 20 years. Our Children's Trust is also involved in the Held vs. Montana case.

This is all playing out against a backdrop where companies and countries are rolling back their climate commitments, and the Trump administration is set on gutting Biden's landmark IRA and climate bills that have helped drive investment in green technologies and transportation. It's also taking place in an environment where there's an increasingly hostile and litigious portion of the world set on using SLAPP lawsuits, like the one used against Greenpeace in recent weeks, to silence climate advocates.

Taken together, this paints a mixed picture of the usefulness of climate lawsuits as a tool to fight climate change. On the one hand, Juliana highlights the role of strategic litigation in bringing climate issues to the top of people's minds around the world–even if judicial outcomes aren't the ones that the plaintiffs and climate advocates hope for. The Greenpeace suit underscores the big risks that climate activists and groups undertake when going up against petrochemical companies and the problems that SLAPP cases raise for everything from free speech to the right to protest and gather peacefully in this country.  

What is clear from these outcomes is that there is a need to take a multi-pronged approach to ensure that climate change is taken seriously and that real policy changes take place in our country. By combining legal actions with public engagement, policy advocacy, and direct action to effect change, there appears to be a model that may work to continue to advocate for green technologies and innovation that help make our planet a safe place to live for both our children and us.


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The Author

Abigail Bassett
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