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Canadian employment and labour quarterly
This newsletter will keep employers up to date on Canadian employment and labour developments and best practices.
Global | Publication | August 2023
The Montana District Court has handed down a potentially landmark judgment in climate litigation in which the State’s constitutional right to a clean and healthy environment was used as the basis to challenge its energy policy.
As we reported in our most recent bi-annual Climate Litigation update here, in June 2023, the trial took place in the novel climate lawsuit brought by a group of sixteen children and young people (aged 5 to 21) against the State of Montana for its endorsement of an energy system allegedly driven by fossil fuels. The Claimants claimed that the State’s energy policy is responsible for the effects of climate change (particularly drought and wildfires) that are affecting their lives. The policy therefore violates their constitutional right to a clean and healthy environment, as enshrined in the Montana Constitution. The Claimants focused on the State law forbidding the consideration of climate impact during environmental reviews.
On 14 August 2023, based on the extensive scientific evidence presented at the trial (covering issues such as climate projections, the impact of climate change on the psychological and physical health of young people, the particular harm experienced by the Claimants and the extent to which the Defendants’ actions contributed to such harm suffered), Judge Kathy Seeley ruled in the Claimants’ favour, setting a potentially powerful precedent for climate litigation in the US Courts.
For Montana itself, the ruling means that the State is now legally required to factor the climate impacts of proposed energy projects into the decision-making process. More broadly, although not a binding precedent across other States, if this decision survives future challenges, including the planned appeal by the Montanan State, it will likely influence other similar climate cases. There are a number of cases currently under way in States including Hawaii, Illinois, Pennsylvania and New York, where the State Constitutions also recognise the people’s right to a clean and healthy environment. As a result, the future of this decision of the Montana District Court will be closely watched by climate activists and States alike.
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This newsletter will keep employers up to date on Canadian employment and labour developments and best practices.
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In this edition we provide a reminder of the main provisions and implications of the Terrorism (Protection of Premises) Act 2025 since its Royal Assent, and discuss the potential for a long-awaited strategic shift for infrastructure projects following the formation of the National Infrastructure and Service Transformation Authority. We also discuss the outcome and significance of an interesting court of appeal case considering boundary agreements and provide an update on recent tax events affecting the real estate sector.
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Te Board of Directors of Pemex approved the Guidelines for Mixed Development Schemes of the Public State Company, Petróleos Mexicanos (Agreement CA-025/2025, the “Guidelines”), published in the Federal Official Gazette (DOF) on April 29, 2025.
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