Litigating Separate and Equal

There are two kinds of climate cases proceeding through the courts that intersect with racial discrimination. One, the carbon tort, has the potential to address the more severe impacts of climate change on black and brown communities. The other, Juliana v. United States or, informally, the “Youth v. Gov” case, invokes the struggles and legacy of those fighting for racial equality in the civil rights movement. This Essay explores the “separate” and “equal” themes in these two lines of cases and, particularly relevant to the latter, suggests that the appeals for equality and dignity may continue to find inspiration in the broader strategies of the civil rights movement.