Climate litigation: A lesson for secondary aged students�
CLIMATE JUSTICE EDUCATION: LESSON 3
Climate litigation: A lesson for secondary aged students.
This lesson was initially designed to accompany the Right Here Right Now summit at the University of Oxford, June 2025.
All lessons in the Climate Justice Education educational resources pack are available at: https://climate.web.ox.ac.uk/globalclimatesummit
Teacher notes are provided before the lesson and answers to questions/pedagogical suggestions are in the speaker notes.
This lesson is meant to take 20-25 minutes minimum but can be expanded with further discussion.
Authors: Dr. Travis T. Fuchs, Phoebe Mortimer
Teacher Notes
Resources:
Mini whiteboard - or improvise an equivalent
Rights of the Child
Local climate litigation suit to serve as example. Consider: Sabin Centre
5 mins (or fewer if you can manage it) - register, students make suggestions for how rights are taken seriously – for the sake of their wellbeing don’t just agree with them, we will look at ways youth have power
3 mins - Slide 26, intro to litigation and waves - wave 1 is planning laws, 2 is infringing on rights, 3 is fiduciary duty, legal responsibility to shareholders
3 mins - task, encourage students to notice what is violated or what is claimed �3 mins - Slide 28 think about how to facilitate discussion
1 min - read through, government said provincial policies don’t matter in face of global emissions, court ruled they do, against de minimis argument – still takes a long time
5 mins - writing task - have some examples ready to support less confident
Last slide - quick recap can be done as you dismiss class
CLIMATE LITIGATION
Today we are going to investigate the concept of climate litigation so that we understand a process for making the situation fairer for young people.
While you wait to start, remember Article 12 of the UN Convention on the Rights of the Child. Please note down if and how your views are taken seriously in the climate crisis. ������
E.g. My views are not taken seriously because … I’m too young to vote
Article 12 (respect for the views of the child) Every child has the right to express their views .. and to have their views considered and taken seriously. This right applies at all times.
One way youth are being heard around the globe is through climate litigation. Children and youth are suing to hold governments and industry accountable for climate change. Students from 5 to 22 are launching lawsuits and they are starting to win.
Wave I: Cases focus on challenging emissions producing projects (like coal mines and pipelines) through environmental & planning laws.
Claimants argue governments or companies did not consider how projects contribute to climate change, or ignored future climate risks.
Wave II: Cases focus on government climate inaction or action which violates basic human rights – like the right to life, health, or culture.��Claimants argue governments are infringing on constitutional rights through weak climate policies.
Wave III: Cases target corporations and investors that ignore or obfuscate climate change facts.���Claimants argue corporations make false and misleading claims about the impacts of climate change on business and investments.
Climate litigation is defined as cases where climate change law, policy or science is a material issue of law or fact. It is a growing field with over 2,600 cases filed, with many occurring after the Paris Climate Agreement in 2015.
The field has followed 3 ‘waves’ of litigation, invoking different arguments and claims.
Argument C: Class action alleged that the Minister for the Environment owed a duty of care to protect Australian children from the emissions linked to a coal mine extension.
Argument A: Youth launched a legal challenge against a provincial government’s decision to weaken their emissions target. They argued that the new target violated youth and future generations’ rights to life and security of the person and equality under the Canadian Charter of Rights and Freedoms.
Argument D: Investors brought a class action against Exxon Mobil, arguing the company made false statements about how climate change would impact its business.
Task: Match the arguments to each wave of litigation on your white boards. Be prepared to explain why.
Argument B: Teitiota, a national of Kiribati, claimed that New Zealand violated his rights by removing him to Kiribati, where sea level rise and saltwater contamination caused dangerous living conditions. He argued this was a breach of his right to life.
Generally, youth-led climate cases use second wave arguments by showing how some action or government policy infringed on their rights.
Discuss: Why do you think these types of arguments might be especially powerful or relevant when made by youth?
Factor the following into your discussion:
Challenge: How might second wave arguments be used for climate refugees?
In Mathur v. Ontario, the youth argued that their right to life and security of the person was violated given the real climate harms they were experiencing now, and would continue to experience in the future. They also argued this violated their rights to equality given they would bear the brunt of government policy over time. They would and are being disproportionately harmed by government policy.
Realism: The case has gone through a motion to dismiss and an appeal since 2019. Rehearing scheduled for 2025.
Success story: To dismiss Mathur, the Government claimed climate targets were meaningless—court disagreed, ruling they must have real impact.
Last task: choose the statement below that best fits your view, copy it out and continue it with four or more sentences explaining why you agree with it.
E.g. Climate litigation should be used carefully, it puts a lot of responsibility on only a few youth. Cases are long, emotional and very public. What’s worse … It’s unfair when …
Today we moved on to thinking about climate litigation as a process for making the situation fairer for young people. Next time we are going to move on to consider how evidence works in a climate litigation case.
How can my rights be protected in a changing world?