A global students-led movement is transforming the climate struggle: suing their own universities for maintaining investments in fossil fuels. This legal strategy, which combines financial, ethical, and human rights arguments, has already achieved historic victories and is forcing educational institutions to align their portfolios with their sustainability narratives.
The Origin of the Movement: From Protests to the Courts
The movement began in 2018 with student divestment campaigns, but in 2023 took a strategic turn toward legal action. Students argue that universities:
- Breach their fiduciary duty by investing in industries that threaten students’ futures.
- Violate their own climate commitments and ethical codes.
- Put the financial stability of institutions at risk by maintaining stranded assets.
Landmark Cases in 2025
1. Harvard v. Climate Justice Coalition (2024)
- Lawsuit: 25 Harvard Law School students alleged “financial mismanagement.”
- Outcome: The university agreed to divest $3.9 billion from fossil fuels.
- Precedent: First Ivy League university to bow to student legal pressure.
2. University of Edinburgh (2025)
- Main argument: “Investments inconsistent with the Paris Agreement.”
- Verdict: Scottish court ordered review of entire investment portfolio.
- Impact: 15 British universities announced preemptive divestment.
3. Stanford for Climate Justice
- Strategy: Class-action lawsuit alleging “misleading advertising” about its climate commitment.
- Settlement: Creation of an Ethical Investment Committee with student representation.
Legal Arguments That Are Gaining Ground
1. Expanded Fiduciary Duty
Students argue that universities should consider:
- Systemic climate risks in their investment decisions.
- The intergenerational impact of supporting polluting industries.
- Consistency with their educational and research mission.
2. Human and Constitutional Rights
- Article 2 of the German Constitution: Protection of the natural foundations of life.
- India’s First Amendment: Right to a healthy environment.
- EU Bill of Rights: Protection against transboundary environmental damage.
3. Consumer Deception
- “Institutional Greenwashing”: Promoting sustainability while investing in fossil fuels.
- False advertising in student recruitment materials.
Innovative Legal Strategies
- Climate Impact Litigation: Using a Human Rights Framework
- Activist Shareholderism: Students buy shares to file lawsuits.
- Independent Climate Audits: Required by Court Order
Concrete Victories for the Movement
- $18 billion divested globally due to student legal pressure.
- 45 US universities have eliminated fossil fuels from their portfolios.
- 12 European institutions have created renewable investment funds co-managed with students.
The University Response: Between Resistance and Adaptation
- Legal Counterattack: Some universities claim that students lack standing.
- Delaying Strategies: Appeals and Procedural Remedies
- Genuine Change: Other institutions are leading the energy transition.
How Students Organize
- Student Legal Clinics: Free legal advice between universities.
- Global Student Climate Litigation Network: Sharing Strategies and Resources
- Legal Strike Funds: Crowdfunding for Legal Costs
The Future: New Frontiers of Student Climate Litigation
- Psychological Damage Lawsuits: Eco-Anxiety Caused by Conflicting Investments
- Litigation Against Greenwashing in Oil-Sponsored Academic Programs
- Demanding Full Transparency in Blockchain Investments
“It’s no longer enough to protest in front of the rector’s office: we’re using the system to change the system” — Sofia Hernández, co-founder of Students for Climate Accountability.
