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Earth EU The Courts

Millennials are Taking Governments to Court over Climate Change. And They're Starting to Win (cnnphilippines.com) 240

CNN tells the story of Luisa Neubauer, a 25-year-old woman who took the German government to court last year — and won: On April 29, the country's Supreme Court announced that some provisions of the 2019 climate change act were unconstitutional and "incompatible with fundamental rights," because they lacked a detailed plan for reducing emissions and placed the burden for future climate action on young people. The court ordered the government to come up with new provisions that "specify in greater detail how the reduction targets for greenhouse gas emissions" by the end of next year. The decision made headlines across the world...

"This case changes everything," she said. "It's not nice to have climate action, it's our fundamental right that the government protects us from the climate crisis...."

Climate lawsuits are becoming an increasingly popular and powerful tool for climate change activists. A January report released by the United Nations Environment Programme found that the number of climate litigation cases filed around the world nearly doubled between 2017 and 2020. Crucially, the governments are starting to lose. Neubauer's victory came just months after a court in Paris ruled that France was legally responsible for its failure to meet emission cutting targets. Another similar case involving six young people from Portugal was fast-tracked at the European Court of Human Rights last October...

The cases are most often centered around the idea that future generations have a right to live in a world that is not completely decimated by the climate crisis.

Long-time Slashdot reader AmiMoJo shares an Ars Technica story noting that in addition to the German suit, "A similar lawsuit in the U.S. has been winding its way through the courts." First filed in 2015 on behalf of a group of children and teenagers, the suit accused the U.S. government of violating the plaintiffs' constitutional rights to life, liberty, and property by not taking stronger action on climate change.
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Millennials are Taking Governments to Court over Climate Change. And They're Starting to Win

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  • Pointless (Score:2, Insightful)

    by djinn6 ( 1868030 )

    This is just going to enrich a few lawyers while doing nothing for either the environment or the people. The government will not stop being incompetent just because they got sued, and the people will foot the bill for this. I hope the US courts will toss it out at the first opportunity.

    • Re:Pointless (Score:5, Insightful)

      by Freischutz ( 4776131 ) on Sunday May 09, 2021 @01:56PM (#61366044)

      This is just going to enrich a few lawyers while doing nothing for either the environment or the people. The government will not stop being incompetent just because they got sued, and the people will foot the bill for this. I hope the US courts will toss it out at the first opportunity.

      Where did this US American idea come from that US corporations are hubs of superhuman competence? US corporations are every bit as incompetent and inept as the US government is. The problem is not that the US government is less competent than US corporations, it is that US corporations have corrupted the US government after being given permission to do so by the US Supreme Court via 'Citizens United v. FEC'.

      • This is just going to enrich a few lawyers while doing nothing for either the environment or the people. The government will not stop being incompetent just because they got sued, and the people will foot the bill for this. I hope the US courts will toss it out at the first opportunity.

        Where did this US American idea come from that US corporations are hubs of superhuman competence?

        I don't know. Where did this idea that corporations were part of this conversation come from?

        • by djinn6 ( 1868030 )

          It's the new state of Slashdot. Before it's not RTFA, then it's not RTFS, now it's not even reading the comment you're replying to.

      • by Jodka ( 520060 )

        Where did this US American idea come from that US corporations are hubs of superhuman competence?...

        That is a straw man. The argument for capitalism is not that capitalists are superior people but that for most endeavors freedom and capitalism make for a better system of relations between people and yield better outcomes than any alternatives, such as crony capitalism, mercantilism, fascism or socialism.

        US corporations are every bit as incompetent and inept as the US government is.

        That is completely insane.

        -NASA's SLS is at least fifty years behind SpaceX Starship; NASA's next-generation launch system which is over budget and behind schedule flies shuttle engines first launched in

        • by shilly ( 142940 )

          Your third example is completely bonkers. Horizon's origins *stem from the period in which the Post Office was privatised*. It was one corporation that was already on its way out of government control contracting with another private corporation which -- as you yourself point out -- wrote shitty buggy software, that caused this scandal to happen. UPS, FedEx and DHL could not have fucked over subpostmasters because they don't run branches offering the complex services that the Post Office does, because they'

        • by sjames ( 1099 )

          As with most things, you can cherry pick the best of category A and the worst of category B for a comparison.

          I'll see your outdated NASA and raise you all the Corporations where people at the public face don't even know anyone who knows anyone who is empowered to make a decision. I'll throw in a manufacturer of water heaters's warranty department that admits there is not a single person there who has ever successfully repaired a water heater.

          As for the UK post office, you DO realize that it was privatized y

      • Re:Pointless (Score:5, Insightful)

        by apoc.famine ( 621563 ) <apoc.famine@g m a i l . com> on Sunday May 09, 2021 @07:09PM (#61366962) Journal

        Where did this US American idea come from that US corporations are hubs of superhuman competence? US corporations are every bit as incompetent and inept as the US government is.

        I have worked extensively with both, and I'll take the government over corporations every day. Why? Because the government usually has well defined processes, and they're not motivated to squeeze the last dime out of everything they do. Sure, their processes may be convoluted and slow, but they're almost always well defined and well documented. Even if they are stupid.

        Corporations? Half the time they don't have a process at all, and it's "joe does that" or some shit. The government sometimes takes ages to respond to me, but when they do it's usually coherent. I had a C* look me in the eye once and tell me that they couldn't pre-select the first entry in a drop down menu on a web page. Not that it wasn't in the scope of work, not that it would cost extra, that it was not possible with their technology. That technology was HTML and some AJAX.

        I had a company tell me that they couldn't hold the shipment to a bunch of places closed due to the pandemic a week before stuff shipped, and that if it came back to them un-signed-for, we'd have to pay to re-ship it at a later date. I watched engineers waste a week of time diagnosing hardware issues on field equipment that was deployed 1000 miles away only to find out that the guy managing it skipped all the meetings about the new calibration process, and didn't replace the old process with the new one anywhere nor do any of the training of the field guys he was supposed to do. I spent a couple of months badgering the bosses to work with a super-critical employee to document what he did. He was a black box which did a magical amount of conversion work on critical business data. I finally gave up, and 6 months later he left, and did a half-assed job in the last 2 weeks to document what he actually did. Shut the department down for a month while we pieced it all together. I don't know what they told customers, but I bet it was wild.

        I worked at a place that got bought out by a really huge company, and we'd been working on updating the 15 year old software that ran the business slowly, basically any time my boss had free time. Corporate decided to accelerate that, and brought in a half-dozen high priced contractors. They spent 6 months creating a giant turd which only was able to handle about half the use-cases we had, then they packed up and left. Of course, they did it in VB which neither I nor my boss used regularly. Ultimately it didn't matter because corporate ran the company into the ground and laid everyone off. Last I looked they had like 6 employees, reselling services apparently to someone who still thought the company name was worth something.

        Government is slow and has tons of forms and rules and processes, but it's at least understandable. There's a form for that, there's a manual or handbook, there are requirements spelled out in law, there are rulemaking processes, etc. You can plan around the inefficiency of government. More importantly, you can plan around the government being there and doing what it always has done. I saw pretty much zero disruption on the government side of things during COVID, but the corporations I work with were a crapshoot. Some were mostly business as usual, and others completely shit the bed. It all came down to how well they were managed. The ones with shit management can't deal with challenging situations. The government has a process for that.

        • Ah this guy gets it!

          I think people don't really get it that big organisations by their nature are inefficient for a variety of quite good reasons. Ultimately, problems that plague (or don't even matter to) small companies cannot be hidden in large organisations and process is how they're fixed.

          When I worked in a startup and wanted to buy a thing I just bought it and paid myself back. Great. If I bought it from cousin Bob no one cared. There was no process and none was needed because it was my (ish) company,

      • by phlinn ( 819946 )
        Wait, you honestly think Citizens United is responsible for government incompetence? Were you just too young to pay attention to politics before that decision?
    • by Mitreya ( 579078 )

      I hope the US courts will toss it out at the first opportunity.

      That's probably why US court system has the concept of "standing", which requires the plaintiff to be directly affected (as I understand it). Usually, it is annoying because you may not be able to sue.
      But it is a good thing that you can't just sue on behalf of the "future of the young people" in US court (aka "think of the kids" argument).

      "incompatible with fundamental rights," because they lacked a detailed plan for reducing emissions and placed the burden for future climate action on young people.

    • Not exactly.

      What happens is: you can't win an election these days without at least some kind of environment regulation project to show for. Usually this is just unsubstantial lip service, but it's enough to tick the bix and show your (elderly) voter base that you're "doing something" and give thise that are prepared to believe your argument that "we mustn't rush or else we'll break economy" something to hold on to.

      Now if your lip service project is deemed unconstitutional, it's gone - you have nothing to sh

    • by AmiMoJo ( 196126 )

      Well this is Germany and in Germany suing the government actually works. You will see them take action due to this shortly.

      The fact that it only enriches lawyers in the US shows just how fucked your democracy is.

      • by djinn6 ( 1868030 )

        Don't be ridiculous, suing the American government works too, think of Freedom of Information Act lawsuits. What's not going to work is this type of nebulous bullshit. Maybe I should sue the German government for not fixing the American healthcare system too?

    • by Z80a ( 971949 )

      If they did that earlier before germany turned off their nuclear reactors which were mostly replaced with coal, they probably would have a real win here.

    • ... I hope the US courts will toss it out at the first opportunity.

      If wishes were horses beggars would ride. You should be modded 'cynical' not 'insightful'.

  • by BAReFO0t ( 6240524 ) on Sunday May 09, 2021 @01:52PM (#61366024)

    You elect evil people and then you blame them for being evil?

    How convenient! You had absolutely nothing to do with it! Just blame your hand for punching somebody, and you're good. :P

    *Is this a democracy or is it not??*

    If you need somebody to blame, how about calling mom and dad and your grandparents again? Ask them why they "voted" for such people. And to fix their shit, stat.

    • by gweihir ( 88907 )

      Well, most politicians cannot think further than the next election. Unfortunately, most voters struggle to get even that far. At least in democracies, you are perfectly correct that the human race is currently demonstrating its unfitness for survival nicely.

    • Re: (Score:3, Insightful)

      by Joce640k ( 829181 )

      You elect evil people and then you blame them for being evil?

      Unfortunately for us, the people up for vote were all politicians.

    • Re: (Score:2, Insightful)

      by AmiMoJo ( 196126 )

      Firstly, a lot of the people suing are too young to vote, or were at the time of the last election.

      Second, maybe they voted Green but their candidate didn't win. Doesn't mean they don't have rights, which can be enforced via the courts if necessary.

      Third, even if their preferred candidate did win, the courts can be used to ensure that they deliver on their promises and take necessary action to defend the rights of the citizens they are responsible for.

    • Re: (Score:2, Informative)

      by fredrated ( 639554 )

      There was a choice? I must have blinked.

  • Essentially what the German court agreed with is that the law was too vague and lacked details. This lawsuit doesn't change the goals of the law.
    • The problem is that there is no plan to meet the pie in the sky emission targets.

      They'd have to start planning megaprojects right now, not just dealing out a lot of money to little fucking around in the margin initiatives. The politicians love being able to sprinkle money around to their friends, actually building stuff on a trillion dollar scale ... not so much.

      • The problem is that there is no plan to meet the pie in the sky emission targets.

        They'd have to start planning megaprojects right now, not just dealing out a lot of money to little fucking around in the margin initiatives. The politicians love being able to sprinkle money around to their friends, actually building stuff on a trillion dollar scale ... not so much.

        On the bright side, the government in this case should take the court ruling as a free pass to borrow as much money as they want to pay for whatever these kids want them to do, because the great thing is, those kids, and their kids, are all going to get the bill in the end. If they want to give the government a blank check, spend baby spend!

  • ... as legitimate?

    Of course you know who they declared as legitimate chancellor, whose name is the last word in all sane debates on the internet.

    [Of course, the debate will continue, except it would not be sane anymore]

  • What? Supreme Court? Sudden attack of sanity? What gives?

    Then realized it was the German supreme court. Not US. SCOTUS 's bout of insanity has just begun.

  • Governments can only do so much.
    Especially here in the U.S., where (it's still) 'government BY the people, FOR the people'. You want positive things done about human-caused climate change? You have to convince The People that (1) it's real, and (2) they need to take an active part in doing something to correct it.
    Some people here in the U.S. do understand it's real and are doing what they can about it, but so far I don't think it's enough.

    Now, then: how do you convince the people of countries like Chin
  • Probably too late (Score:2, Interesting)

    by gweihir ( 88907 )

    The time to get the worst effects of climate change under control was 20...30 years ago when the science was solid and it was clear (to anybody that wanted to listen) what was coming. Sure, I support these efforts, because if we are lucky, we may still get away without a complete collapse of civilization. But gigadeath will not be avoidable now and partial collapse of civilization will not either. The only thing that could prevent climate change from doing that is if the next few pandemics are a bit more de

  • How does it work (Score:5, Insightful)

    by lorinc ( 2470890 ) on Sunday May 09, 2021 @02:22PM (#61366142) Homepage Journal

    I sincerely do not understand how that's possible without conflicting with core democratic principle. How can government be held responsible of not enacting laws the voters didn't voted for?

    It tragedy of the commons, so long that the majority of the people does not care enough to put the environment as one of the first priority, I don't see how any legal action would not conflict with basic democracy. With the added backlash of making these voters even more pissed off by environmental concerns.

    • The german courts found the the way the property tax was designed to be unconstitutional some decades ago. Since then, germany has no property tax.

      I assume there was a number of laws protecting the climate and the court found them unconstitutional because not sufficient. Which means, the government now has the choice to either make laws according to the taste of the courts or have no climate protection law at all. Since germany votes this year and the green party is currently in the lead it is somewhat akin

    • by AmiMoJo ( 196126 ) on Sunday May 09, 2021 @03:29PM (#61366362) Homepage Journal

      Because democracy is not the tyranny of the majority. We can't all vote that lorinc has to pay 100% taxes and make us breakfast, democracy has protections against that kind of abuse.

      In this case the argument is simple. The government is passing on huge debts, in the form of environmental damage that will have costs and need to be fixed, to younger people. That's unfair and will probably result in undue hardship for them, so the government should stop doing that.

      It doesn't matter if nobody else cares that lorinc has no money and is being forced to make everyone breakfast. What matters are lorinc's rights and the principals of fairness built into civil law.

      • Comment removed based on user account deletion
    • The Dutch supreme court explained this in a similar case (which was also won by the climate activists). Judges do not set goals or policies. But they are saying that when it comes to human rights and international treaties, yes, governments can be held to their commitments. The court basically ruled that the government has an obligation to do something about climate change as part of their responsibility for the safety of its citizens, that the government committed to a certain reduction, that scientific
    • I'm not following you here. Are you asking which government decision takes precedence over the other? That's for the courts to decide and you'll have to read the judgments or an analysis thereof in each individual case as this varies with the country involved.

  • The government is a hoax. Climate change is real.

  • The f****ng boomers, who bear full responsibility for the sorry state of the world, are retiring and dying fast.
  • Can't wait to see how much this costs us.

  • One would expect that. After all, it's their future.

Two can Live as Cheaply as One for Half as Long. -- Howard Kandel

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