This blog often covers the cutting edge of climate litigation and the unique emerging legal theories that underpin it. Here’s an interesting case out of New York. NGO ClientEarth is helping a man sue his employer for religious discrimination. The plaintiff argues that by not offering a climate friendly 401k option in its retirement benefits, the company is violating his religious liberties. Here’s how the Complaint sums up the case:
“Dr. Hartley believes his Christian faith commands him to care for and steward the earth, and that actively investing in and profiting from fossil fuel companies whose work directly harms the earth and its inhabitants violates his religious obligations. Because each of Thermo Fisher’s current equity-based retirement plan options maintains significant investments in fossil-fuel companies, Dr. Hartley is forced to either compromise his religious beliefs or forego a significant component of his employer-provided benefit. To remedy this conflict, Dr. Hartley requested that his employer provide him with an accommodation that would allow him to partake of the benefits of his 401(k) plan in a manner consistent with his faith”
This is certainly a novel theory. Not being a constitutional or civil rights lawyer, I can’t venture a guess as to whether these religious discrimination claims hold water. However, it highlights something that deserves attention. As climate change worsens, people’s feelings and beliefs about the environment and emissions will become more intense. Those feelings and beliefs are informed by their worldviews, core values, and identities. This means that climate litigation will keep coming as people seek avenues for recourse. While this novel theory might not pan out, the next one could. There is an army of NGOs, plaintiffs’ lawyers, and harmed individuals looking to challenge the status quo. Even if the Supreme Court throws out climate tort suits next year, litigants will find creative ways to push climate action in the courts.
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