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Swiss ladies win big in a landmark environment case. Where do US climate cases stand?

A landmark environment modification ruling from the European Court of Human rights on Tuesday found that the Swiss federal government had broken the human rights of its people by failing to do enough to combat environment modification, in a. case brought by a group of. older Swiss ladies.

In the United States, similar lawsuits has actually been filed. largely on behalf of youths who claim their futures and. health are threatened by environment change.

Here is a take a look at where those cases stand.

YOUTH-LED EFFORT

There are at least three youth-led environment cases pending in. U.S. federal high court and state court in Hawaii. Youth. plaintiffs have actually currently notched one big win in Montana state. court.

The lawsuits broadly implicate governments of intensifying. environment change through policies that encourage or enable the. extraction and burning of fossil fuels. The youths,. represented by the not-for-profit law firm Our Kid's Trust,. claim the policies violate their rights under U.S. or state. constitutions.

The firm says that six U.S. states' constitutions provide an. reveal right to a healthful environment, but 32 other states. have environmental or natural deposit securities enshrined in. their state constitution in some other method.

Cases submitted in Virginia and Utah state courts were dismissed. before they went to trial, and Our Children's Trust is appealing. those dismissals. Earlier cases in Alaska, Florida and. Washington state making comparable claims were also dismissed. before trial.

JULIANA V. USA

One of the longest-running cases was submitted in 2015 by 21. young Americans versus the U.S. federal government in an Oregon federal. court.

The young complainants in Juliana v. USA have argued that U.S. energy policy breaks their rights to life, liberty and. home enshrined in the U.S. constitution.

While the plaintiffs had actually originally sought a court order. requiring the government to prepare a therapeutic strategy to stop fossil. fuel emissions, the San Francisco-based 9th U.S. Circuit Court. of Appeals dismissed the case in 2020 saying the judiciary can't. mandate broad policy modifications.

A federal judge last year gave the young plaintiffs the. go-ahead to submit a trimmed variation of their claim that only. seeks a statement that U.S. energy policy breaches their. rights.

The Biden administration has actually called the climate crisis an. urgent problem but asked the 9th Circuit in February to force. the district court to dismiss the case. The federal government has. argued climate change is a complex and stretching problem that. needs the broad policymaking powers of Congress and the. executive branch, and can't be sufficiently resolved by minimal. remedies available to courts.

A second federal case versus the U.S. Environmental. Protection Company is also pending in California federal court.

MONTANA'S LANDMARK RULING

A group of 16 young people in Montana were the very first to. bring their case to trial in 2015, arguing the state had. broke a state constitutional arrangement guaranteeing citizens. a healthy environment, and came away with a landmark triumph in. August.

State Judge Kathy Seeley in Helena discovered that Montana's. allowing of jobs like coal and gas production. worsened the environment crisis, in offense of a 1972 modification. to the Montana constitution requiring the state to protect and. improve the environment. The state is presently appealing.

UP NEXT: HAWAII

A case including 14 young Hawaiians is set to be the 2nd. youth environment case to go to trial in June. The plaintiffs are. requesting for a statement that the state's transportation. department has actually broken a constitutional duty to protect the. environment by promoting and moneying highway projects that. motivate fuel consumption and greenhouse gas emissions.

They are also seeking a court order informing the department. to take undefined however concrete action steps to decrease. emissions and designate a special master to oversee those changes.

(source: Reuters)