21 Kids Take on the Feds and Big Oil in Historic Climate Lawsuit
[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:
YOU MIGHT ALSO LIKE
EcoWatch Daily Newsletter
In Major Win for Indigenous Rights, Supreme Court Rules Much of Eastern Oklahoma Is Still a Reservation
Much of Eastern Oklahoma, including most of Tulsa, remains an Indian reservation, the Supreme Court ruled on Thursday.
- Federal Judge Orders Trump Admin to Give Native Americans Their ... ›
- Police Were Ready to Shoot Indigenous Pipeline Protesters in ... ›
- Climate Justice, Indigenous Rights Advocates Rally for Wet'suwet'en ... ›
By Tiffany Means
Summer and fall are great seasons to enjoy the outdoors. But if you're already spending extra time outside because of the COVID-19 pandemic, you may be out of ideas on how to make fresh-air activities feel special. Here are a few suggestions to keep both adults and children entertained and educated in the months ahead, many of which can be done from the comfort of one's home or backyard.
The coronavirus may linger in the air in crowded indoor spaces, spreading from one person to the next, the World Health Organization acknowledged on Thursday, as The New York Times reported. The announcement came just days after 239 scientists wrote a letter urging the WHO to consider that the novel coronavirus is lingering in indoor spaces and infecting people, as EcoWatch reported.
- Airborne Coronavirus Transmission Must Be Taken Seriously, 239 ... ›
- Trump Halts WHO Funding Amidst Criticism of His Own Coronavirus ... ›
- Here's Why COVID-19 Can Spread So Easily at Gyms and Fitness ... ›
- Is the New Coronavirus Airborne? A Study From China Finds Evidence ›
By Angela Nicoletti
The eastern slopes of the Andes Mountains in central Perú are among the most remote places in the world.
- Global Frog Pandemic May Become Even Deadlier as Strains ... ›
- New Species of Diamond Frog Discovered in Remote Pocket of ... ›
- Frogs Are on the Verge of Mass Extinction, Scientists Say - EcoWatch ›
A new analysis by scientists at the Swiss-based International Union for Conservation of Nature (IUCN) found that lemurs and the North Atlantic right whale are on the brink of extinction.
- Trump Admin Denies Endangered Species Protections to Pacific ... ›
- Trump Admin Failed to Protect 241 Species From Extinction ... ›
- New Border Wall Construction Threatens 8 Species With Extinction ... ›
By Julia Vergin
It is undisputed that vitamin D plays a role everywhere in the body and performs important functions. A severe vitamin D deficiency, which can occur at a level of 12 nanograms per milliliter of blood or less, leads to severe and painful bone deformations known as rickets in infants and young children and osteomalacia in adults. Unfortunately, this is where the scientific consensus ends.
Where Does the Deficiency Begin?<p>Nobody knows exactly how much vitamin D a person actually needs. The question of when a deficiency starts is correspondingly controversial. However, vitamin D is becoming increasingly popular.Not only is the pseudo-scientific literature on the "sun vitamin" experiencing an upswing, but the number of published studies has also increased enormously in recent years. For example, in 2019 <a href="https://academic.oup.com/edrv/article/40/4/1109/5126915" target="_blank">a study found that</a> Vitamin D is responsible for keeping the skeleton functional and is associated with cardiovascular diseases, type 2 diabetes and various types of cancer. <br></p>
An All-Rounder<p>Vitamin D levels in the body rise and fall according to sun exposure. If sufficient UV rays reach the skin, the body is able to produce the vitamin itself. However, the human body only derives an estimated 10 to 20 percent of its daily requirement from food.</p><p>The vitamin D that we synthesize from sunlight or food is not biologically active at first. Before the kidneys can produce the biologically active form of the vitamin, known as calcitriol, and release it into the blood, some metabolic processes must take place beforehand.</p><p>In addition, many organs have receptors to which the precursor of calcitriol binds. Further, this substance is also present in blood.</p><p>From this precursor, the organs then produce calcitriol themselves, which the body then uses for countless other processes in the body. This form of vitamin D thus regulates insulin secretion, inhibits tumor growth, and promotes the formation of red blood cells as well as the survival and activity of macrophages, which are important for the <a href="https://www.mdpi.com/2072-6643/5/7/2502/htm" target="_blank">immune system.</a></p>
Low Vitamin D, Severe COVID-19 Disease?<p>A research study carried out <a href="https://www.sciencedirect.com/science/article/pii/S2352364620300067?via%3Dihub" target="_blank">at the University of Hohenheim</a> has now established a link between vitamin D deficiency, certain previous diseases, and severe cases of COVID-19.</p><p>According to the study, "there is a lot of evidence that several non-communicable diseases (high blood pressure, diabetes, cardiovascular diseases, metabolic syndrome) are associated with low vitamin D plasma levels. These comorbidities, together with the often accompanying vitamin D deficiency, increase the risk of severe COVID-19 events."</p><p>"This statement is completely correct," said Martin Fassnacht, head of endocrinology at the University Hospital of Würzburg. However, he qualifies that it is a pure association, "i.e. a mere observation that these events occur together.</p><p>Dr. Fassnacht is very critical of the hype surrounding vitamin D, but not because he denies the vitamin serves important functions. However, studies on humans have not been able to show that vitamin D has the healing powers many often propagate.</p><p>Fassnacht says, "If you take a closer look, the hopes that the administration of vitamin D has a healing effect have not been confirmed so far."</p>
Association Versus Intervention Studies<p>Many studies on the vitamin are association or observational studies. "By definition, these studies cannot prove the causal relationship, but only point to mere correlations," said Fassnacht. The physician tries to illustrate this with an example:</p><p>"Imagine two groups of 80-year-olds. One group is spry, active and does sports. If you compare them with another group living in nursing homes, the difference in vitamin D levels will be dramatic. Life expectancy would also be extremely different."</p><p>But to try to explain the difference in fitness by vitamin D status alone is far too simplistic. "Vitamin D levels are a good measure of how sick someone is. But not more," says Fassnacht. </p><p>According to Fassnacht, none of the intervention studies carried out to date -- that specifically examined the effect of vitamin D on various diseases -- has been able to confirm the previous association and laboratory studies or the presumed positive effect of vitamin D.</p>
Further Research Is Needed<p>"If a coronavirus infection is suspected, it is therefore absolutely necessary to check the vitamin D status and quickly correct any possible deficit," said the recommendation of the paper published by the University of Hohenheim.</p><p>"Studies are underway to see whether vitamin D helps in COVID-19 infection, but I personally do not believe that this is really the case," says endocrinologist Fassnacht. Nevertheless, he says it is of course useful to carry out these studies.<br></p><p>"I don't want to rule out that there are actually subgroups of people who benefit from an additional vitamin D dose," he says. After all, this has been proven to be the case with a severe deficit.</p><p>In view of the study situation, Fassnacht does not think much of preventive, nationwide vitamin D substitutes. "My belief that the vitamin helps somewhere is very low. But, of course, I can be wrong."</p>
- 8 Ways to Tell if You Are Vitamin D Deficient - EcoWatch ›
- 7 Healthy Foods That Are High in Vitamin D - EcoWatch ›
- 7 Nutrient Deficiencies That Are Incredibly Common ›
Ocean scientists have been busy creating a global network to understand and measure changes in ocean life. The system will aggregate data from the oceans, climate and human activity to better inform sustainable marine management practices.
EcoWatch sat down with some of the scientists spearheading the collaboration to learn more.
Climate models are predicting faster warming of the North Atlantic Ocean, which will shift the Gulf Stream. NASA
- Could the Climate Crisis Spell the End for Maine Lobster? - EcoWatch ›
- 5 Reasons Why Biodiversity Matters - EcoWatch ›
- World Leaders, Media Ignore Biodiversity Report Detailing Mass ... ›
- The Top 10 Ocean Biodiversity Hotspots to Protect - EcoWatch ›