A Climacteric Litigation Decision - Part II: A Brief History Of Climate Change Litigation In Canada And The USA

This article is the second in a three-part series. In this article, we will provide a brief history of climate change litigation in Canada and the United States.

In part I, which can be found here, we provided a summary of Held, et al v State of Montana, et al ("Held"),¹ where the Montana First Judicial District Court in Lewis and Clark County, Montana, handed down an Order that is reportedly the first major climate litigation decision to come from a North American court where claims based on environmental rights were upheld. The third and final article in this series will discuss the potential impact of the Held decision - including the likelihood of further climate change litigation.