[Editor's note: Twenty-one youth plaintiffs, as well as climate scientist Dr. James Hansen as guardian for future generations, is suing the federal government to cease conduct that promotes fossil fuel extraction and consumption, and instead develop and implement an actual science-based climate recovery plan. The complaint argues the youth have a fundamental constitutional right to be free from the government's destruction of their Earth's atmosphere. Yesterday's court appearance was scheduled for the judge to hear oral arguments from the U.S. government and the fossil fuel industry on their motions to dismiss the landmark constitutional climate change lawsuit.]
At Wednesday morning's historic hearing, U.S. Magistrate Judge Thomas M. Coffin questioned Department of Justice attorney Sean C. Duffy on whether the federal government was allowing tradeoffs between present and future generations. To illustrate his question, the Judge used an example of a discount rate, and pondered whether the government's actions were effectively trading future harm for present day benefits.
“Are you robbing Peter to pay Paul?" the judge asked a flustered Duffy.
The hearing began with Duffy denying the federal government's duty under the public trust doctrine to protect essential natural resources for the benefit of all present and future generations. The judge asked, “Both (water & air) are vital to life, right?"
“Yes, your honor," replied Duffy.
The Judge also asked if the government could sell the Pacific Ocean to Exxon. Remarkably, Duffy had a constitutional argument handy to support even that proposition.
Hundreds of students, activists, professors and citizens concerned about climate turned out in Eugene, Oregon to support 21 young plaintiffs, ages 8-19, in what Bill McKibben and Naomi Klein call the “most important lawsuit on the planet right now."
“The future of our generation is at stake," said 16-year-old plaintiff Victoria Barrett at the press conference following the hearing.
“People label our generation as dreamers, but hope is not the only tool we have. I am young, I am a teenager, and I want to have fun, and be creative, and hang out with my friends. I want to do what I love and live a life full of opportunities. I want the generation that follows to have the same and I absolutely refuse to let our government's harmful action, corporate greed and the pure denial of climate science get in the way of that."
The plaintiffs' sued the federal government for violating their fundamental constitutional rights to life, liberty and property by taking actions that permit, encourage and otherwise enable continued exploitation, production and combustion of fossil fuels.
“We firmly believe the court will view this as an egregious instance where the federal government intensified the danger to our plaintiffs' life, liberty and property," said plaintiffs' attorney Phil Gregory with Cotchett, Pitre, & McCarthy. “This case places indisputable climate science squarely in front of the federal courts, requesting an order forcing our government to cease jeopardizing the climate system for present and future generations."
The purpose of Wednesday's hearing was to hear arguments from the parties on the federal government's and fossil fuel industry's motions to dismiss the youth's climate change lawsuit. The judge conducted incisive questioning of lawyers presenting oral argument for both sides on the issue. The hearing lasted for two hours. It's unclear when he will reach a decision on the defendants' motions, but the youth plaintiffs are optimistic the Judge will treat their case fairly.
“Defendants are wrong that our complaint fails to allege constitutional and public trust violations for the harms caused these young plaintiffs," said Julia Olson, lead counsel for the plaintiffs and executive director of Our Children's Trust, in her closing argument.
“Defendants in essence ask this court to ignore the undisputed scientific evidence, presented in our complaint and in opposing this motion, that the federal government has, and continues to, damage plaintiffs' personal security and other fundamental rights. But these young plaintiffs have the right to prove the government's role in harming them has been knowing and deliberate."
Watch the press event following yesterday's hearing:
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Here are three new films to watch this Earth Week that will transport you from pole to pole and introduce you to the scientists and activists working to save our shared home.
1. The Year Earth Changed
Where to Watch: Apple TV+
When to Watch: From April 16
The coronavirus pandemic has brought home the stakes of humanity's impact on the environment. But the lockdowns also proved how quickly nature can recover when humans give it the space. Birds sang in empty cities, whales surfaced in Glacier Bay and capybara roamed the South American suburbs.
The Year Earth Changed captures this unique year with footage from more than 30 lockdowned cities between May 2020 to January 2021. Narrated by renowned wildlife broadcaster David Attenborough, the film explores what positive lessons we can take from the experience of a quieter, less trafficked world.
"What the film shows is that the natural world can bounce back remarkably quickly when we take a step back and reduce our impact as we did during lockdown," executive producer Alice Keens-Soper of BBC Studios Natural History Unit told EcoWatch. "If we are willing to make even small changes to our habits, the natural world can flourish. We need to learn how to co-exist with nature and understand that we are not separate from it- for example if we closed some of our beaches at for a few weeks during the turtle breeding we see that it can make a huge difference to their success. There are many ways that we can adapt our behavior to allow the natural world to thrive as it did in lockdown."
2. After Antarctica
Where to Watch: San Francisco International Film Festival
When to Watch: 12 a.m. PST April 9 to 11:59 p.m. April 18
In 1989, Will Steger led an international team of six scientists and explorers to be the first humans to cross Antarctica by dogsled. Steger and his team weren't just in it for the adventure. They also wanted to draw attention to the ways in which the climate crisis was already transforming the icy continent and to rally support for the renewal of the Antarctic Treaty, which would keep the continent safe from extractive industries.
In After Antarctica, award-winning filmmaker Tasha Van Zandt follows Steger 30 years later as he travels the Arctic this time, reflecting on his original journey and once again bringing awareness to changes in a polar landscape. The film intersperses this contemporary journey with footage from the original expedition, some of which has never been seen before.
"Will's life journey as an explorer and climate activist has led him not only to see more of the polar world than anyone else alive today, but to being an eyewitness to the changes occurring across both poles," Van Zandt told EcoWatch. "But now, these changes are happening in all of our own backyards and we have all become eyewitnesses. Through my journey with Will, I have learned that although we cannot always control change, we can change our response. I feel strongly that this is a message that resonates when we look at the current state of the world, as we each have power and control over how we choose to respond to hardships, and we all have the power to unite with others through collective action around a common goal."
After Antarctica is available to stream once you purchase a ticket to the San Francisco International Film Festival. If you miss it this weekend, it will screen again at the Minneapolis St. Paul International Film Festival from May 13 to May 23.
Tasha Van Zandt
3. The Race to Save the World
Where to Watch: Virtual Cinema
When to Watch: From Earth Day, April 22
While many films about the climate crisis seek to raise awareness about the extent of the problem, The Race to Save the World focuses on the people who are trying to stop it. The film tells the story of climate activists ranging from 15-year-old Aji to 72-year-old Miriam who are working to create a sustainable future. It follows them from the streets to the courtroom to their homes, and explores the impact of their advocacy on their personal lives and relationships.
Emmy award-winning documentary filmmaker Joe Gantz told EcoWatch that he wanted to make a film about climate change, but did not want to depress viewers with overwhelming statistics. Instead, he chose to inspire them by sharing the stories of people trying to make a difference.
"Unless millions of people take to the streets and make their voices heard for a livable future, the politicians are not going to get on board to help make the changes needed for a sustainable future," Gantz told Ecowatch. "I think that The Race To Save The World will energize and inspire people to take action so that future generations, as well as the plants, animals and ecosystems, can survive and thrive on this planet."
Check back with EcoWatch on the morning of Earth Day for a special preview of this inspiring film!
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