The relief the plaintiffs sought, in this case, was broad and aimed to force large-scale policy decisions. However, the court’s elaboration on redressability could be useful for future climate migration litigation. Generally, relief sought in immigration cases is within the ambit of the judiciary to award. Although current domestic and international law surrounding migration does not provide a framework to fold in climate change neatly, this case helps establish that climate change is a recognized concrete and particular harm that can be tied to affirmative government action. This resembles some of the calculus required when establishing a connection between past or future persecution (or serious harm) and government (in)action.
Perpetuity Principle: In dissent, District Judge Staton made an impassioned argument for redressability of the plaintiff’s claims, which could be used in future climate litigation. Per the perpetuity principle, she acknowledged that it is implied within the U.S. Constitution that courts have a responsibility to act when the nation is threatened with dissolution. The plaintiffs’ prayer for relief was to order that Congress and the President write a plan to fight climate change. The dissent interprets this as a suit to “. . .enforce the most basic structural principle embedded in our system of ordered liberty: that the Constitution does not condone the Nation’s willful destruction. In the face of such danger, even partial action by the judiciary is justified.” [1175] While the perpetuity principle has not yet been used to limit government conduct, or to enforce the right to a healthy environment, the dissent argued that, as the nation confronts new challenges, such as the existential threat of climate change, constitutional principles will be further tested. Further, Judge Staton wrote that any perceivable reduction in the advance of climate change is sufficient for satisfying redressability. Although a government plan would not be able to stop climate change, it can stop climate change harms from getting to the point of no return.
We use cookies to ensure that we give you the best experience on our website. If you continue to use this site we will assume that you are happy with it.Ok
