Climate law

Climate activism has been on a wild ride lately, from the shock tactics of young activists throwing soup on famous paintings to a surge in climate lawsuits by savvy plaintiffs. While some people consider disruptive “antics” like attacking museum artwork with food to be confusing and alienating for the public, research into social movements shows there is a method to the seeming madness. By strategically using both radical forms of civil disobedience and more mainstream public actions, such as lobbying and state-sanctioned demonstrations, activists can grab the public’s attention while making less aggressive tactics seem much more acceptable. Two activists were arrested after throwing tomato soup on Vincent Van Gogh’s glass-covered ‘Sunflowers’ at the National Gallery in London in 2023 in a bid to draw media attention so they could talk about oil’s role in climate change. Just Stop O...

Sixteen young Montanans who sued their state over climate change emerged victorious on Aug. 14, 2023, from a first-of-its-kind climate trial. The case, Held v. State of Montana, was based on allegations that state energy policies violate the young plaintiffs’ constitutional right to “a clean and healthful environment” – a right that has been enshrined in the Montana Constitution since the 1970s. The plaintiffs claimed that state laws promoting fossil fuel extraction and forbidding the consideration of climate impacts during environmental review violate their constitutional environmental right. Judge Kathy Seeley’s ruling in the youths’ favor sets a powerful precedent for the role of “green amendments” in climate litigation. The lawsuit, heard in Montana district court, was the first in the U.S. to rely on a state’s constitutional right to a clean and healthful environment to challenge state policies that fuel climate change...