6 Youth File Constitutional Climate Change Lawsuit Against Gov. Tom Wolf
Just weeks after 21 young people from across the U.S. filed a landmark constitutional climate change lawsuit against the federal government and days before Pope Francis visits the U.S. and Pennsylvania, six youth file lawsuit against Gov. Tom Wolf and six state agencies, including the Department of Environmental Protection (DEP) and the Pennsylvania Environmental Quality Board.
The plaintiffs are seeking to protect their constitutional rights to clean air, pure water and other essential natural resources, which they rely on for their survival and wellbeing, but they feel are currently threatened by climate change. They are asking the defendants to take steps necessary to regulate Pennsylvania’s carbon dioxide and other greenhouse gases consistent with the Commonwealth’s duty and obligations as public trustee under Article I, Section 27 of the Pennsylvania Constitution to conserve and maintain public natural resources, including the atmosphere, for the benefit of present and future generations.
Their complaint asserts that defendants are failing to fulfill their trustee obligations to meet the Commonwealth’s Article I, Section 27 requirements by failing to regulate CO2 emissions, as evidenced by the current harmful impacts of climate change within Pennsylvania, such as extreme weather events, rising temperatures and disruptions to the hydrological cycle.
Ashley Funk, one of the plaintiffs, previously petitioned the DEP three different times urging the state agency to take science-based action to reduce Pennsylvania’s carbon dioxide emissions.
“Through our work petitioning the DEP, I’ve learned so much and so has the DEP,” said Funk. “Our petitions forced the DEP to take a more critical look at what they are doing to address climate change in our state. Despite multiple opportunities, the DEP failed to take the necessary steps to reduce greenhouse gas emissions and address climate change, making this lawsuit necessary. I hope that the DEP continues to learn and follows suit with other calls to action for decreasing greenhouse gas emissions. I hope they finally take action to do what our constitution requires them to do: preserve our atmosphere as a public trust for generations to come.”
The suit was filed by the Environmental and Natural Resources Law Clinic at Widener University Delaware Law School with Associate Professor of Law and Clinic Director Kenneth T. Kristl as lead counsel. The clinic prepares Delaware Law School students for practice by involving them in environmental cases and appeals like this one.
“This lawsuit relies upon the express language of Article I, Section 27 to require the Commonwealth of Pennsylvania, through key agencies and public officials, to carry out its constitutional obligation to 'conserve and maintain’ the atmosphere for the benefit of present and future generations,” Kristl said. “The six remarkable plaintiffs—and the millions of present and future generations of Pennsylvanians they represent—are entitled to a coordinated, effective response to the present danger and future threat that climate change poses to them. The clinic and its law students are proud to represent them in this critical lawsuit to vindicate the rights and benefits that the Pennsylvania Constitution guarantees them.”
The youth are hopeful for a positive ruling in part because they live in a state with the strongest judicial mandate in the country articulating the public trust obligations of government. A December 2013 ruling in Robinson Township v. Commonwealth of Pennsylvania, overturned a state law that limited citizens’ rights to block hydraulic fracturing in their communities, based on Article I, Section 27 of the Pennsylvania Constitution. The court found that the rights of present and future generations to trust resources, including air, water, state-owned lands and wildlife, are inherent and indefeasible, “and preserved rather than created by the Pennsylvania Constitution.”
“The constitutional public trust rights held by Pennsylvanians and all other people of the U.S., are expressed throughout our nation’s laws and legal history. The Pennsylvania Supreme Court strengthened and advanced these rights in its landmark Robinson Township decision and made clear that environmental rights are as important as all other rights. It’s time to apply those inalienable rights to the climate crisis,” said Julia Olson, executive director and chief legal counsel for Our Children’s Trust.
The complaint includes each plaintiff’s individual story and the ways in which they are harmed by climate change now and will be in the future if the court does not order the state to decrease atmospheric concentrations of CO2 to a safe level.
“Youth Plaintiffs are suffering both immediate and threatened injuries as a result of actions and inactions by Defendants,” the complaint states, “and will continue to suffer more injuries to their health, personal safety, bodily integrity, cultural and spiritual practices, economic stability, food security, property and recreational interests without the relief sought here.”
“It is our generation that will become the lawyers, doctors, politicians, engineers, artists, teachers and scientists for the future,” said 16-year-old plaintiff Rekha Dhillon-Richardson. “This generation of youth are the ones who are most affected by climate change, so we should have a legitimate and respected voice in change. We should be sitting at the table driving change forward because we are the future leaders of this planet.”
YOU MIGHT ALSO LIKE
EcoWatch Daily Newsletter
The U.S. reported more than 55,000 new coronavirus cases on Thursday, in a sign that the outbreak is not letting up as the Fourth of July weekend kicks off.
- The U.S. Isn't in a Second Wave of Coronavirus – The First Wave ... ›
- Navajo Nation Has Highest Covid-19 Infection Rate in the U.S. ... ›
- U.S. Coronavirus Cases Top 2 Million as All 50 States Start ... ›
By Jason Bruck
Human actions have taken a steep toll on whales and dolphins. Some studies estimate that small whale abundance, which includes dolphins, has fallen 87% since 1980 and thousands of whales die from rope entanglement annually. But humans also cause less obvious harm. Researchers have found changes in the stress levels, reproductive health and respiratory health of these animals, but this valuable data is extremely hard to collect.
Researchers work with trained dolphins to learn more about their sensory abilities, seen here testing a dolphin's hearing. Jason Bruck / CC BY-ND
A Lot to Learn From Hormones<p>When sampling the blow, we are looking for hormones in mucus as these can be used to gauge psychological and physiological health. We are specifically interested in <a href="https://dx.doi.org/10.1371%2Fjournal.pone.0114062" target="_blank">hormones like cortisol</a> and <a href="https://doi.org/10.1016/j.ygcen.2018.04.003" target="_blank">progesterone</a>, which indicate stress levels and reproductive ability respectively, but can also help determine overall health.</p><p>Additionally, blow samples can detect <a href="https://dx.doi.org/10.1128%2FmSystems.00119-17" target="_blank">respiratory pathogens</a> in the lungs or nasal passages - blowholes evolved from noses after all.</p><p>This health analysis is especially important in areas with oil spills as the chemicals can cause hormonal problems that harm <a href="https://www.carmmha.org/investigating-how-oil-spills-affect-dolphins-and-whales/" target="_blank">development, metabolism and reproduction</a> in dolphins.</p><p>Hormone samples can provide scientists with valuable data, but collecting them from intelligent and unpredictable animals is challenging.</p>
Cetacean Collaborators<p>To build a drone that can stealthily collect spray from moving dolphins, we needed more data on their eyesight and hearing, and this is data that couldn't be collected in the wild nor simulated in a lab.</p><p>We worked with dolphins at facilities like Dolphin Quest in Bermuda, which provides guests opportunities to learn about dolphins while allowing <a href="https://dolphinquest.com/about-us/our-story/" target="_blank">scientists access to animals for noninvasive research</a>. Here the dolphins can swim away if they choose not to work with us, so we had to design the study like a game; the way a kindergarten teacher entertains a class. If the dolphins aren't interested, we don't get to do the science.</p><p>Over the course of hundreds of sessions, we sought to answer two questions: What can dolphins hear and what can they see around their heads?</p><p>To test dolphin hearing, we set up microphones and cameras to record dolphin behavior as we played drone noise in the air. We analyzed the responses to each noise – such as how many dolphins looked at the speaker – and used these as a proxy for their ability to hear the sounds.</p>
<span style="display:block;position:relative;padding-top:56.25%;" class="rm-shortcode" data-rm-shortcode-id="5f31daf07a652b8d64a093b993ee4e96"><iframe lazy-loadable="true" src="https://www.youtube.com/embed/UjmQeH3vXHI?rel=0" width="100%" height="auto" frameborder="0" scrolling="no" style="position:absolute;top:0;left:0;width:100%;height:100%;"></iframe></span>
Robodolphin doesn't look like a real dolphin, but it doesn't need to in order to train our drone pilots. C.J. Barton / Oklahoma State University / CC BY-ND<p>To build robodolphin, we worked with dolphins trained to "chuff" or sneeze on command to measure spray characteristics. We used high-speed photography to see the dolphins' breath as it moved through the air. Then we conducted high resolution CT scans of a dolphin head and 3D-printed a replica of a nasal passage.</p><p>Now, we have a complete robodolphin and are tweaking its sprays to be nearly identical to the real thing. This will allow us to determine how close we need to get to collect the samples, and therefore, how quiet our drone needs to be.</p>
The replica dolphin blowhole was designed from a scan of a real blowhole passage, and the spray it produces closely matches the real thing. Alvin Ngo, Mitch Ford and CJ Barton / Oklahoma State University / CC BY-ND
A Bit of Practice, Then Into the Wild<p>In the next few months, we will test flights over robodolphin with existing drones to determine the timing and strategy for collection. From there, we will fabricate a low-noise drone that can fly fast enough and with sufficient maneuverability to capture samples from wild dolphins. Like a video game, we will use the visual field data to develop approach trajectories to stay in the visual blindspots.</p><p>We plan to test our drones on a truck-mounted robodolphin moving down a runway, then using a boat to simulate realistic conditions. The next steps will involve ocean testing with dolphins trained for open ocean swimming. These tests will determine if our devices can catch and hold the hormones as the drone flies back to a researcher's boat.</p><p>Finally, we will deploy the system to collect data on wild dolphins. Our first goal is to test resident dolphins – animals that live on the coasts and deal directly with boat and oil industry noise – which will allow us to learn more about stress resulting from human impacts.</p><p>Those samples are a way off, but if all goes well we will have a specially built drone capable of flying long distances and capturing samples undetected in a few years. The samples collected will allow researchers to do better science with impact on the animals they study.</p>
- Drone Footage Captures Rare Finless Porpoises in Hong Kong ... ›
- Brazil's Amazon River Dolphin Faces Extinction After Fishing ... ›
- 10 Surprising Dolphin 'Superpowers' - EcoWatch ›
Sunscreen pollution is accelerating the demise of coral reefs globally by causing permanent DNA damage to coral. gonzalo martinez / iStock / Getty Images Plus
On July 29, Florida Governor Ron DeSantis signed into law a controversial bill prohibiting local governments from banning certain types of sunscreens.
- Your Guide to Reef Friendly Sunscreens - EcoWatch ›
- Hundreds of Sunscreens Don't Work or Have Unsafe Ingredients ... ›
- FDA Study: Sunscreen Chemicals Seep Into the Bloodstream ... ›
By Kelli McGrane
Oat milk is popping up at coffee shops and grocery stores alike, quickly becoming one of the trendiest plant-based milks.
- Is Oat Milk Gluten-Free? - EcoWatch ›
- What Nutritionists Think About Starbucks' Three New Plant-Based ... ›
- 6 Alternatives to Milk: Which Is the Healthiest? - EcoWatch ›
"Emissions from pyrotechnic displays are composed of numerous organic compounds as well as metals," a new study reports. Nodar Chernishev / EyeEm / Getty Images
Fireworks have taken a lot of heat recently. In South Dakota, fire experts have said President Trump's plan to hold a fireworks show is dangerous and public health experts have criticized the lack of plans to enforce mask wearing or social distancing. Now, a new study shows that shooting off fireworks at home may expose you and your family to dangerous levels of lead, copper and other toxins.
- No Social Distancing or Mask Requirement at Trump's Mt ... ›
- Trump's Fireworks Show at Mt. Rushmore Is a Dangerous Idea, Fire ... ›
By Ashutosh Pandey
Billions worth of valuable metals such as gold, silver and copper were dumped or burned last year as electronic waste produced globally jumped to a record 53.6 million tons (Mt), or 7.3 kilogram per person, a UN report showed on Thursday.
Environmental and Health Hazard<p>Experts say e-waste, which is now the world's fastest-growing domestic waste stream, poses serious environmental and health risks.</p><p>Simply throwing away electronic items without ensuring they get properly recycled leads to the loss of key materials such as iron, copper and gold, which can otherwise be recovered and used as primary raw materials to make new equipment, thereby reducing greenhouse gas emissions from extraction and refinement of raw materials.</p><p>Refrigerants found in electronic equipment such as fridge and air conditioners also contribute to global warming. A total of 98 Mt of CO2-equivalents, or about 0.3% of global energy-related emissions, were released into the atmosphere in 2019 from discarded refrigerators and ACs that were not recycled properly, the report said.</p><p>E-waste contains several toxic additives or hazardous substances, such as mercury and brominated flame retardants (BFR), and simply burning it or throwing it away could lead to serious health issues. Several studies have linked unregulated recycling of e-waste to adverse birth outcomes like stillbirth and premature birth, damages to the human brain or nervous system and in some cases hearing loss and heart troubles.</p><p>"Informal and improper e-waste recycling is a major emerging hazard silently affecting our health and that of future generations. One in four children are dying from avoidable environmental exposures," said Maria Neira, director of the Environment, Climate Change and Health Department at the World Health Organization. "One in four children could be saved, if we take action to protect their health and ensure a safe environment."</p>
Europe Leads the Way<p>While most of the e-waste was generated in Asia (24.9 Mt) in 2019, Europe led the charts on a per person basis with 16.2 kg per capita, the report said.</p><p>But the continent also recorded the <a href="https://www.dw.com/en/the-eu-declares-war-on-e-waste/a-51108790" target="_blank">highest documented formal e-waste collection and recycling</a> rate at 42.5%, still below its target of 65%. Europe was well ahead of the others on this front. Asia ranked second with 11.7%.</p><p>The authors said while more that 70% of the world's population was covered by some form of e-waste policy or laws, not much was being done toward implementation and enforcement of the regulations to encourage the take-up of a collection and recycling infrastructure due to lack of investment and political motivation.</p><p>"You have to think about new economic systems," said Kühr.</p><p>One approach could be that consumers no longer buy the products, but only the service they offer. The device would remain the property of the maker, who would then have an interest in offering his customers the best service and the necessary equipment. The maker would also be interested in designing his products in such a way that they are easier to repair and easier to recycle, Kühr said.</p>
- Dangerous Chemicals From E-Waste Found in Black Plastics From ... ›
- Electronic Waste Study Finds $65 Billion in Raw Materials ... ›
- Electronic Waste: New EU Rules Target Throwaway Culture ... ›
- COVID-19 Masks Are Polluting Beaches and Oceans - EcoWatch ›
- Plastic Packaging Use Increases During the Coronavirus - EcoWatch ›
- Coronavirus Worsens Thailand's Plastic Waste Crisis - EcoWatch ›
- Coronavirus Plastic Waste Polluting the Environment - EcoWatch ›