Preserving the Future: Recognizing Intergenerational Equity in United States Constitutional Jurisprudence in Light of Evolving Climate Rights Litigation

Authors

Molly Morgan, Foulston Siefkin LLP

Abstract

Climate rights litigation is an essential part of holding states accountable for their climate change obligations. This type of litigation has increased across the globe, and domestic and international courts have issued landmark rulings that serve as precedent for reinforcing state obligations and protecting constitutional and human rights in the process. One focus of these cases is intergenerational equity, which implicates the theory that inadequate state action on climate change violates the rights of future generations. This Article explores the evolution of this theory in domestic and international law, illustrating its increasing importance in climate rights litigation and the necessity of the role of the judiciary in protecting future generations. This Article draws on current United States constitutional law and its ability to provide an avenue for recognizing the rights of future generations through the Fifth Amendment Due Process Clause and its relationship with the Fourteenth Amendment Equal Protection Clause. The analysis focuses on principles from landmark climate rights decisions explaining the disproportionate burden placed on future generations as a result of subpar climate action policies and also highlights why United States courts are in a critical position to recognize and protect future generations.

Disciplines

Banking and Finance Law | Comparative and Foreign Law | Law | Oil, Gas, and Mineral Law

Recommended Citation

Molly Morgan, Preserving the Future: Recognizing Intergenerational Equity in United States Constitutional Jurisprudence in Light of Evolving Climate Rights Litigation, 31 Cardozo J. Equal Rts. & Soc. Just. 359 (2025).
Available at: https://larc.cardozo.yu.edu/cardozoersj/vol31/iss2/3