As each month breaks historic records for the hottest ever recorded, we realize that hot though they have been, they may very well be the coolest we’ll ever experience in the future. As wild fires, smoke and floods devastate huge swathes of the globe, one asks what can be done? While many dither (or worse), young people take action. Through their courage and determination, with their adult allies, they demand their rights to a livable future in courts around the world.
On September 27, 2023 in Strasbourg, France, The hearing of 6 Portuguese youth plaintiffs in the historic lawsuit, Duarte Agostinho v. Portugal and 32 Others, took place at the European Court of Human Rights.

The plaintiffs want governments to set and meet science-based targets for cutting carbon emissions in the 33 countries: all EU member states, plus Norway, Switzerland, Russia, Turkey, and the United Kingdom.
The fact that the European Court of Human Rights elevated this case to its Grand Chamber demonstrates how seriously the Court takes allegations that the inadequate climate policies of these 33 States breach their legal obligation to prevent climate-related harm.
Among the third party interveners in Aghostino was the Center for International Environmental Law. We invited Nikki Reisch, the Director of the Climate & Energy Program, at the Center for International Environmental Law (CIEL) to be our guest on Forthright Radio. At CIEL, Nikki works at the intersection of human rights and the environment, overseeing research, analysis, legal and policy advocacy related to climate change, its causes, consequences, and responses to it.
Prior to joining CIEL, Nikki Reisch was the Legal Director of the Center for Human Rights and Global Justice, and a Supervising Attorney in the Global Justice Clinic at NYU School of Law. She was also an Adjunct Professor in the Human Rights and Gender Justice Clinic at CUNY School of Law. Her work focused on human rights and environmental harms related to a range of domestic and international issues, including open-pit mining, surveillance of human rights defenders, immigration enforcement, torture, and arbitrary detention.
Her engagement in climate justice began with her five-year tenure as the Africa Program Manager at the Bank Information Center, where she worked to curb development finance for fossil fuels and supported front-line communities challenging extractive industry projects. In her subsequent position as the Policy Advisor on Forests and Climate Change at Rainforest Foundation UK, Nikki co-founded a global coalition tracking reduced emissions from deforestation and degradation in the UNFCCC negotiations and pursued transnational advocacy with partners in the Congo Basin to mitigate the human rights risks posed by climate change and policy responses to it.
She has litigated before domestic and international courts, appeared before UN treaty bodies and the accountability mechanisms of international financial institutions, and co-authored amicus briefs in several human rights cases. She is co-editor with Philip Alston of Tax, Inequality, and Human Rights (Oxford University Press, 2019) and has published other articles and reports on human rights and environmental matters.
In our far ranging conversation, which was recorded on October 3, 2023 via Skype, she told us “Sometimes when politics break down — as they have despite decades of climate negotiations — the law can break through.”
To find out more about the 6 Portuguese Youth Plaintiffs https://youth4climatejustice.org/media/
Center for International Environmental Law (CIEL) http://www.ciel.org
In our conversation, Nikki referred to the European Court of Human Rights decisions as binding on the “Member States of the EU.” She actually meant The Council of Europe (46 member states, including the 27 EU states).
See also this blog by Corina Heri, a postdoctoral researcher at The University of Zurich, who was at the Agostinho hearing and followed the two other climate cases heard before the Grand Chamber of the European Court of Human Rights earlier this year (Klimaseniorinnen v. Switzerland and Carême v. France), laying out the state of play and some of the arguments presented in court. https://verfassungsblog.de/act-three-for-climate-litigation-in-strasbourg/#:~:text=While%20KlimaSeniorinnen%20also%20made%20procedural,the%20prohibitions%20of%20torture%20and
The Sabin Center at Columbia Law School maintains a database of global climate cases https://climatecasechart.com/us-climate-change-litigation/, and co-published the 2023 Global Climate Litigation Report with UNEP. https://www.unep.org/resources/report/global-climate-litigation-report-2023-status-review.
The Grantham Institute at The London School of Economics also has an overview of global trends in climate change litigation https://www.lse.ac.uk/granthaminstitute/publication/global-trends-in-climate-change-litigation-2023-snapshot/
Girl, 11, among six young people taking on 32 nations in historic climate case https://www.theguardian.com/law/2023/sep/27/girl-11-among-six-young-people-taking-on-32-nations-in-historic-climate-case
Youth vs Europe: ‘Unprecedented’ climate trial unfolds at rights court https://www.reuters.com/world/europe/youth-vs-europe-unprecedented-climate-trial-kick-off-rights-court-2023-09-27/
Stop locking young people out of legal process in climate cases, say experts https://www.theguardian.com/environment/2023/oct/26/stop-locking-young-people-out-of-legal-process-in-climate-cases-say-experts
I Study Climate Change. The Data Is Telling Us Something New. https://www.nytimes.com/2023/10/13/opinion/climate-change-excessive-heat-2023.html
‘We Come Here Seeking Urgent Help’: Vulnerable Islands Want Climate Pollution Covered by Ocean Treaty https://www.commondreams.org/news/ocean-climate-pollution-hearing
Small island nations take high-emitting countries to court to protect the ocean https://www.theguardian.com/environment/2023/sep/10/small-island-nations-take-high-emitting-countries-to-court-to-protect-the-ocean
California Sues Giant Oil Companies, Citing Decades of Deception https://www.nytimes.com/2023/09/15/business/california-oil-lawsuit-newsom.html
At least 20 California public university board members linked to fossil fuels https://www.theguardian.com/us-news/2023/oct/04/california-public-universities-fossil-fuels-csu
California to require big firms to reveal carbon emissions in first law of its kind https://www.theguardian.com/us-news/2023/oct/09/california-carbon-emissions-law
Is California’s Climate Lawsuit against Big Oil a Gamechanger? https://tomdispatch.com/getting-mad-and-getting-even/
The hottest summer in human history – a visual timeline https://www.theguardian.com/environment/ng-interactive/2023/sep/29/the-hottest-summer-in-human-history-a-visual-timeline
Climate crisis is ‘not gender neutral’: UN calls for more policy focus on women https://www.theguardian.com/global-development/2023/oct/10/climate-crisis-is-not-gender-neutral-un-calls-for-more-policy-focus-on-women
If You Want Our Countries to Address Climate Change, First Pause Our Debts https://www.nytimes.com/2023/10/08/opinion/climate-change-africa-debt.htm
State appeals youth climate trial decision https://www.bozemandailychronicle.com/news/environment/state-appeals-youth-climate-trial-decision/article_90e4b322-616d-11ee-a853-6bbb771957b3.html
“This Fight Isn’t Over” – Three Tribes File New Lawsuit Challenging Thacker Pass Lithium Mine https://www.rsic.org/thackerpass-newlawsuit/






























