An article in volume 45 of The Public Land & Resources Law Review (published in June) by Monmouth University Professor Randall Abate examines the legal movement by Indigenous and youth plaintiffs to compel governments to address the disproportionate burdens they bear from the climate crisis.
Abate provides a history and analysis of the most impactful climate justice cases in the U.S. and Canada, which he notes are now at the forefront of such litigation. Gleaning lessons from these examples, Abate concludes with a series of recommendations for the types of relief that should be sought and arguments that should be made to assure the best chances of success.
“Youth and Indigenous climate justice litigation is on the rise in the U.S. and Canada,” Abate writes. “After a series of unsuccessful efforts, a winning formula in these lawsuits is beginning to crystallize on both sides of the border.”
The article, “Youth and Indigenous Voices in Climate Justice: Leveraging Best Practices from U.S. and Canadian Litigation,” is available for download here. The journal is published by the University of Montana’s Alexander Blewett III School of Law and supports professional scholarship and student-written articles exploring legal issues related to public lands and land use, natural resources and the environment, and tribal and federal Indian relations.
Abate, the Rechnitz Family/Urban Coast Institute endowed chair in marine and environmental law and policy, has written and lectured extensively on the topic of youth and Indigenous climate justice. He is the author of “Climate Change and the Voiceless: Protecting Future Generations, Wildlife, and Natural Resources,” published in 2019 by Cambridge University Press.