Harvard Climate Justice Coalition v. President & Fellows of Harvard College

The Massachusetts Appeals Court affirmed the dismissal of a lawsuit brought by a Harvard University student group and its members to compel the university to divest its endowment’s investments in fossil fuel companies. The appellate court agreed with the Superior Court that the students had failed to demonstrate special standing to challenge management of charitable funds. The appellate court cited the Superior Court’s rejection of the students’ argument that they had standing based on negative impacts that fossil fuel investments had on academic freedom and education at the university. The appellate court also agreed with the court below that it was not appropriate to recognize a new tort of “intentional investment in abnormally dangerous activities” advocated by the plaintiffs on behalf of future generations. The appellate court quoted the Superior Court in concluding that the students “have brought their advocacy, fervent and articulate and admirable as it is, to a forum that cannot grant the relief they seek.”