peru

Several youth sued the Peruvian government on December 16, 2019 for failing to sufficiently address climate change and for failing to adopt effective measures to deter deforestation of the Amazonian rainforest. These young plaintiffs maintain that such government inaction has violated their fundamental rights to life, water, health, and the free enjoyment of a healthy environment under the Peruvian Constitution as well as a number of other national and international laws, agreements, and protocols. They are requesting the court to order relevant national and regional agencies to enact and implement goals and action plans to achieve net-zero deforestation in the Peruvian Amazon by 2025. They are also requesting declaratory relief from the court recognizing that the Amazon is subject to legal rights of protection, conservation, and restoration and that the current status of conservation efforts in the Peruvian Amazon is unconstitutional. The case is still ongoing and is awaiting a hearing in front of the Superior Court of Justice.

While this case is brought by youth seeking protection of their fundamental rights, it is different from Juliana v. United States in that it challenges the government’s failure to adequately address climate change and deter deforestation, as opposed to challenging the government’s affirmative conduct that causes climate change.