Harvard Climate Justice Coalition v. Harvard College

In 2014, Harvard Climate Justice Coalition and individual Harvard students filed a lawsuit against the President & Fellows of Harvard College (Harvard Corporation) and Harvard Management Company, Inc. and asked them to divest from fossil fuel companies. Plaintiffs argued that the university’s investment in fossil fuel companies was a breach of its duties because it contributed to climate change and other harms to “the public’s prospects for a secure and healthy future".

Background
A group called Divest Harvard began a campaign in 2012 to petition the University to stop funding fossil fuels. 72 percent of students at the University and 67 percent at the law school voted in favor of fossil fuel divestment, but the administration was unreceptive--even arresting a student protester. The Harvard Climate Justice Coalition is a group of Harvard students from within Divest Harvard: Alice Cherry, Benjamin Franta, Sidni Frederick, Joseph Hamilton, Olivia Kivel, Talia Rothstein, and Kelsey Skaggs. Additionally, the Harvard Coalition said it was acting as a "next friend of Plaintiffs Future Generations, individuals not yet born or too young to assert their rights but whose future health, safety, and welfare depends on current efforts to slow the pace of climate change". The students brought the lawsuit because Harvard refused to divest from fossil fuels, despite the widespread student support. The suit argues that the effects of climate change are serious, immediate, and severe that Harvard's involvement with fossil fuels is a violation of its nonprofit duties since the investment harms both students and future youth.

The plaintiffs specifically point to Harvard's Charter and the Constitution of the Commonwealth of Massachusetts as the legal basis for the suit. First, they argue that the investment is a "mismanagement of charitable funds" within Harvard's duties as a public charity and nonprofit. Harvard University students and others will face consequences of the industries Harvard is directly funding. Second, the claim states that Harvard is intentionally and knowingly investing in a dangerous activity while divestment would mitigate the harms resulting from fossil fuels. The Coalition is asking the court to order Harvard's divestment from fossil fuels and a declaration that investment is a violation of Harvard's charter.

Relevant Law and Principles

 * Harvard's Charter
 * Commonwealth of Massachusetts Constitution

Status
The Massachusetts Superior Court dismissed the action in 2015. The Court determined that the students didn't have standing because their rights as students were “widely shared” with thousands of other Harvard students and were not “specific” and “personal” enough. The Massachusetts Appellate Court upheld the decision in 2016. The Coalition launched the Climate Defense Project, a nonprofit that provides legal services to the environmental movement. In May 2017, Harvard announced it would pause some investments in oil, gas, and coal companies but there was no mention of full divestment. Then, in May 2020, Harvard announced a goal to be net-zero by 2050, which Divest Harvard believes is insufficient.

Takeaways
Although the Court's ruling is disappointing, this case is one of the first of many Youth Lawsuits around the globe. This dispute is another example of trying to use traditional legal doctrines to address climate change and make environmental policy through litigation. Also, this case is similar to an atmospheric trust case supported by the Children's Trust, meant to ensure climate justice for future generations.

Links

 * Initial Complaint
 * Editorial from the Harvard Crimson against the Lawsuit
 * Climate Defense Project
 * Divest Harvard
 * Harvard's Climate Plan