Talking Climate: Law
Our Second Fridays programming continued in June with Talking Climate: Law. This event took place on June 11, 2021.
The word ‘law’ comes from the Old Norse for ‘something laid down or fixed.’ But the law, like the society that authors it in hope of stability, is in fact always in flux. It changes in response to emergent or newly recognized crises and struggles, even as it shapes their course. The two defining and interlinked crises of our time—climate and inequality—have generated countless legal developments.
In Talking Climate: Law, panelists Vic Barrett, plaintiff in Juliana v. The United States and Democracy Organizer at Alliance for Climate Education; Ama R. Francis, Climate Displacement Project Strategist at International Refugee Assistance Project and non-resident fellow at Columbia University’s Sabin Center for Climate Change Law; and Brian Kahn, Managing Editor at Earther and lecturer at Columbia University’s MA Program in Climate and Society discussed how the law is an active arena in the fight for climate justice, as well as how it can be a reactionary tool used by fossil fuel interests to to delay crucial climate policies and abridge freedom of expression for climate activists. Significantly, the conversation addressed how civic engagement can spark lasting social transformations and fundamentally reconfigure the law.
Like all of the Climate Museum’s programs, Talking Climate: Law aims to create ground for community-building, democratic engagement, and civic action on the climate crisis.
The event began with a reading by the celebrated poet Layli Long Soldier.
This resource guide is designed to complement our Second Fridays programming. If you enjoyed these readings or want to add to the list, please let us know!
Climate Injustice and the Law
“Fossil Fuel Companies Are No Friend to Democracy” by Kate Aronoff (The New Republic, January 2021)
"It’s not that their [fossil fuel companies] executives are inherently fond of autocrats, though that’s certainly true for some. They just want a stable business climate. If suppressing democratic majorities offers a route toward that, then they’ll gladly abide."
"Dollars vs. Democracy: Companies and the Attack on Voting Rights and Peaceful Protest" by Valentina Stackl (Greenpeace, May 2021)
“A healthy democracy is a precondition for a healthy environment which means these attacks must stop and the voices of the people, not corporate polluters, should be heard. When everyone’s vote counts and when everyone’s constitutionally guaranteed right to peacefully protest is protected, our government becomes more accountable.”
“Anti-Protest Laws Threaten Indigenous and Climate Movements” by Kaylana Mueller Hsia (Brennan Center for Justice, March 2021)
"The criminalization of environmental protest is fueled by federal security agencies and oil and gas companies, who are often major political donors. For years, the Department of Homeland Security and the Federal Bureau of Investigation have labelled activists at infrastructure sites as domestic terrorists and violent extremists in order to justify further surveillance and policing."
“Enbridge is "funding and incentivizing" Minnesota Police” by Emily Atkin (Heated, March 2021)
“‘This is a public police force that's been privatized by a foreign oil company, and every minute they spend harassing the water protectors—and assaulting the water protectors—they turn in an invoice and they get paid,’ she said. ‘They're making a fortune off this.’”
“The Attack on Climate Justice Movements” by Traci Yoder (National Lawyers Guild, March 2019)
"By casting environmental activists as villains, the COC [Chamber of Commerce] argues that lost profit is the true tragedy—despite the fact that even with the delays caused by protests, the US remains the world’s largest producer of crude oil and natural gas."
Climate Progress in the Courts
“The Verdict Is In: A Livable Planet Trumps Corporate Profits” by Jason Mark (Sierra Club, May 2021)
“From the frigid streets of Copenhagen in 2009 to the historic crowds at the People’s Climate March in Manhattan in 2014 to the globe-spanning climate strikes of fall 2019, some version of the placard “planet before profits” is a constant at climate protests. This week, a tribune of justice finally listened to that people’s cry—and put the power of the law behind the demand for a livable planet.”
“GOP Attorneys General Are Defending the Climate Criminals” by Walker Bragman (Jacobin, June 2021)
“The [Juliana v. The United States] claimants, ages eight to nineteen, argued that the federal government had directly contributed to the global climate crisis and in doing so, violated their constitutional rights — essentially to life, liberty, and property.”
“Will Judges Have the Last Word on Climate Change?” by Jeremy Hodges (Bloomberg, May 2021)
“Anti-smoking activists and the families of cancer-stricken smokers lost claims against Big Tobacco for decades in the U.S. before the 1990s. A group of state attorneys general turned the tide by teaming up with top private lawyers to take on the industry in state courts. The victory resulted in settlements totaling $246 billion and permanent changes in the sale and marketing of cigarettes. It’s a model that climate change activists would love to duplicate.”
“Australian court finds government has duty to protect young people from climate crisis” by Adam Morton (Guardian May 27, 2021)
“In his judgment, Bromberg said the evidence presented to the court showed the potential harm the children could face due to global heating ‘may fairly be described as catastrophic, particularly should global average surface temperatures rise to and exceed 3C beyond the pre-industrial level’.”
“States Suits Against Oil Companies” (New York University School of Law’s State Energy and Environmental Impact Center)
Work and Insights from our Expert Panelists
Vic Barrett, plaintiff in Juliana v. The United States and Democracy Organizer at Alliance for Climate Education
“Yes, I'm striking over the climate crisis. And suing the US government, too” by Vic Barrett (Guardian, September 2019)
“After Six Years, Teen Climate Suit Could End In Settlement” by Rachel McDonald (NPR, May 2021)
“Youth Will Save the World” interview on Greenwashed (Alliance For Climate Education, April 2021)
Vic Barrett is featured in Christi Cooper‘s documentary Youth v. Gov. Please visit the film’s website for upcoming screenings in your area.
Ama R. Francis, Climate Displacement Project Strategist at International Refugee Assistance Project and non-resident fellow at Columbia University’s Sabin Center for Climate Change Law
“When Climate Hits Home” interview by John D. Sutter (Heat of the Moment podcast, April 2020)
“UN Human Rights Committee Issues Landmark Climate Migration Decision” by Hillary Aidun and Ama R. Francis (Columbia Climate School Blog, January 2020)
“Free Movement Agreements & Climate Induced Migration: a Caribbean Case Study” by Ama R. Francis (Sabin Center for Climate Change Law, October 2019)
“Migrants Can Make International Law” by Ama R. Francis (Harvard Environmental Law Review, February 2021)
Brian Kahn, Managing Editor at Earther and lecturer at Columbia University’s MA Program in Climate and Society
“The Keystone XL Pipeline Is Officially Dead” by Brian Kahn (Earther, June 2021)
“Exxon and Chevron Got Their Teeth Kicked In, But Shareholders Won’t Finish the Job” by Brian Kahn (Earther, May 2021)
“Montana Is About to Become the Most Dangerous Place in America to Protest Fossil Fuels” by Brian Kahn (Earther, April 2021)
“The Petro-Masculinity of This Weekend's Trump Highway Rallies” by Brian Kahn (Earther, November 2020)
Layli Long Soldier, Poet
Consider purchasing Layli Long Soldier’s book WHEREAS from your local independent bookstore.
Support Indigenous Activism
In a virtual context where readers and audience members join us from across the United States and around the world, we acknowledge that this event, and our work and lives generally, take place on unceded Indigenous territories. We encourage readers to discover the histories of their particular locations and of others listed here, to engage with efforts restoring land back to Indigenous stewardship, and to support Indigenous-led organizing against the expansion of fossil fuel infrastructure.
Native Land Digital: This is a tool to use as a first step in learning more about the names, traditions, and histories of Indigenous communities and land across the globe.
“Resource Guide for Indigenous Solidarity Funding Projects: Honor Taxes and Real Rent Projects.” Compiled by the Indigenous Solidarity Network and representatives from the Sogorea Te’ Land Trust/Shuumi Land Tax, Real Rent Duwamish, and the Manna-hatta Fund.
Aligned with Vic Barrett’s call to action during the discussion today, please find more information on the movement working to stop the Enbridge Line 3 pipeline construction and ways you can take action:
“On Monday [June 7, 2021], more than 2,000 water protectors gathered for Minnesota’s largest ever mobilization against the Line 3 tar sands pipeline, putting more pressure on the Biden administration to honor the Treaties and stop this toxic project.”
Find out more about how to donate to support the Line 3 protests.
“Line 3 would contribute more to climate change than Minnesota’s entire economy….We need to decommission the old Line 3 and justly transition to a renewable, sustainable economy. Line 3 would violate the treaty rights of Anishinaabe peoples and nations in its path — wild rice is a centerpiece of Anishinaabe culture, it grows in numerous watersheds Line 3 seeks to cross. It’s well-past time to end the legacy of theft from and destruction of indigenous peoples and territories.”