Youth Continue Climate Court Battles Against Governments

Young climate activists in Europe and the United States who have faced setbacks in their lawsuits challenging government climate policies are continuing to turn to courts in renewed attempts at accountability, filing fresh cases and appeals as they seek to hold governments accountable for exacerbating the climate emergency.

In Sweden, youth activists announced earlier this week that they are reviving their lawsuit against the Swedish government. The announcement follows a decision from Sweden’s Supreme Court in February barring the case from advancing, in part because the lawsuit was brought by individuals rather than an association. Three hundred young Swedes including renowned climate activist Greta Thunberg sued their national government in November 2022, arguing that the state’s greenhouse gas emission reduction targets fail to protect them from dangerous warming. The case, filed as a class action on behalf of all Swedish youth and supported by a youth organization called Aurora, sought a court order for the government to implement its “fair share” of emissions reduction in line with the goal of limiting warming to below 1.5°C – a threshold that may have already been breached.

The Swedish Supreme Court ultimately ruled the case was inadmissible. The court determined that it could not order the government to take specific action. It also found that a climate case brought by individuals was not viable, given heightened standing requirements for individuals to show they are uniquely harmed. The court did, however, leave the door open to a case brought by a formal group or association.

The youth activists say they are looking to continue their case by transferring it over to Aurora as the official plaintiff. On Monday they submitted a request to the Nacka District Court to approve this transfer and allow the case to continue. If that request is denied, they say they will try to bring a new case against the government, filing as an association.

“One way or another, Aurora is continuing to bring the issue of the Swedish state's legal obligations in the climate crisis to Swedish courts,” Aurora said in a press release.

New Case in Portugal

Young people in Portugal who brought a landmark climate case against 32 European countries before the European Court of Human Rights are also continuing their pursuit of climate justice, following a disappointing decision from the court last year finding that case inadmissible.

Four of the youth plaintiffs are teaming up with a youth-led association called Último Recurso to bring a new climate case against the Portuguese state. The case aims to compel Portugal to set more ambitious climate targets. Portugal’s current target of emissions reduction by 2030, according to an analysis from Climate Analytics, would lead to warming between 2°C and 3°C if all countries were to set targets of an equivalent level of ambition. The Paris Agreement adopted in 2015 established a collective goal for countries to limit warming to well below 2°C, but under current policies that target will almost certainly be exceeded.

The Portuguese youth activists, led by Cláudia Duarte Agostinho, tried a more systemic approach to challenging inadequate climate policies by suing multiple European states. But the court determined that other states did not have “extraterritorial obligations” to the Portuguese youth, and found that the young applicants had failed to exhaust domestic remedies by not bringing a case first in their own country.

“Last year, the European Court of Human Rights said that we must take our case against the Portuguese government's weak climate targets to the national courts. That's exactly why we are teaming up with Último Recurso today. We are as determined as ever to continue our fight for a livable future,” Cláudia Duarte Agostinho said in a press release.

“We are pleased to join forces with this courageous group that has shown great commitment to stronger climate action. Their determination reflects the same values that drive Último Recurso: the urgent need to hold wrongdoers accountable for the damage they cause to our future,” said Mariana Gomes, Founder of Último Recurso. “Strong climate targets must be a priority for all, and we want Portugal to lead by example in tackling this crisis head-on.”

Appeals and a Fresh Case in the US

In the United States, which has seen federal attacks on climate action and a doubling down on fossil fuels under Donald Trump’s return to office, young people are continuing to fight against what they argue are discriminatory policies and assaults on their constitutional rights.

A federal lawsuit brought by 18 youth plaintiffs in California against the US Environmental Protection Agency had challenged policies like the “discounting” practice used in environmental regulatory decision-making, claiming that they devalue the lives of children in violation of the Equal Protection guarantees under the US Constriction. A federal district judge in February decided to toss out the case. According to lawyers for the youth plaintiffs, that decision ignored key evidence and expert testimony and amounted to a “complete judicial abdication in the face of an escalating climate emergency.”

Last week, the nonprofit law firm Our Children’s Trust, which represents youth in climate cases against governments, announced they are appealing that ruling. The case will be taken up by the Ninth Circuit Court of Appeals. That is the same court that ultimately rejected another youth case against the federal government, Juliana v. United States. In 2020 and again in 2024, the Ninth Circuit Court of Appeals ruled that the Juliana case should be dismissed. The case against EPA, however, is more narrowly framed, which could turn out in the youth plaintiffs’ favor.

“I believe it’s important to move forward with this case because we are at a critical time in history where we have to hold government officials and polluters accountable if we want to secure our future on this planet,” lead plaintiff Genesis B. said in a statement.

Another youth case supported by Our Children’s Trust, filed against the Alaskan state government, was also recently dismissed by a state court judge, but lawyers for the youth plaintiffs are appealing. That case is challenging a specific fossil fuel project authorized by the state, a massive new liquified natural gas (LNG) development called Alaska LNG. The Alaskan youth recently filed a motion urging the court to stop the transfer of the project’s ownership to a private developer while their case is on appeal.

A new federal case, this time challenging the new Trump administration, appears to be in the works as well. Our Children’s Trust says it is developing a youth-led, constitutional rights lawsuit “challenging the Trump administration’s anti-climate and clean energy agenda.”

“Our Children’s Trust is committed to representing young people holding their government accountable when they put fossil fuels above children’s fundamental rights to life, health, and safety,” the organization says. “With the U.S. Constitution in hand, we’re taking Trump to court.”