Kids vs. Feds: Fate of Historic Climate Lawsuit in 4 Days
[Editor's note: Watch live today, Sept. 13, at 3 p.m. ET, the press event immediately following the ruling by U.S. District Court Judge Ann Aiken on EcoWatch's Facebook page.]
A critical hearing in the landmark climate lawsuit brought by 21 youth plaintiffs across the U.S. will take place in just four days at a federal courthouse in Eugene, Oregon.
On Sept. 13, U.S. District Court Judge Ann Aiken will hear oral arguments representing all of the parties on Juliana, et al. v. United States, et al, which was first filed in 2015 by the young plaintiffs, ages 8-19, and climate scientist Dr. James Hansen.
According to the nonprofit Our Children's Trust, "the plaintiffs are suing the federal government for violating their constitutional rights to life, liberty and property and their right to essential public trust resources, by permitting, encouraging and otherwise enabling continued exploitation, production and combustion of fossil fuels."
Judge Aiken will review an earlier decision from U.S. Magistrate Judge Thomas Coffin of the same federal court. In April, Judge Coffin surprisingly ruled in favor of the young plaintiffs despite motions from the government and the fossil fuel industry to dismiss the case. The fate of the historic lawsuit is now in Judge Aiken's hands, who will determine whether the case will either proceed toward trial or to appeal.
Kids Get Their Day in Court: 21 Youth Sue U.S. Government in Landmark Climate Lawsuit https://t.co/VHpQwKE6Mn via @EcoWatch #ActOnClimate— YEARS (@YEARS)1465752912.0
One of the plaintiffs, Jayden, is a 13-year-old resident from Rayne, Louisiana. The hearing is particularly significant especially after last month's
climate change-fueled flooding destroyed most of Jayden's home.
"They called it a thousand-year flood, meaning it should only happen every thousand years or so," Jayden said. "But in my state—Louisiana—we have had that thousand-year flood and eight 500-year floods in less than two years. A few weeks ago, I literally stepped out of bed and was up to my ankles in climate change. Soon I will leave my home, which is still a mess—no walls, no carpet, even my little brothers toys were destroyed! But I feel like I have to go to court, because my little brother can't speak for himself, he's too little. But I can speak for him, and for everyone in my generation. It's time we were heard. It's time President Obama protects our future, and my little brothers future."
Representing the plaintiffs are attorneys Julia A. Olson of Wild Earth Advocates, Philip L. Gregory of Cotchett, Pitre & McCarthy, LLP and Daniel M. Galpern.
"My client Jayden, who is 13 years old, just survived a thousand-year flood event that devastated her home with sewage-contaminated rivers running through her bedroom and her community," said Olson, who is also the executive director and chief legal counsel of Our Children's Trust.
"This is the ninth flood event that is supposed to happen once every 500 years or more to hit her region in two years, floods that would not happen but for climate change. Yet, the national energy policy of the U.S. is 'drill baby, drill.' And by 2040, fossil fuel consumption will still make up more than 75 percent of our energy supply compared to 80 percent today. According to these federal defendants, by 2040 our carbon dioxide emissions will at best be flatlining at dangerous levels. Make no mistake, the U.S. government has caused climate change and continues to promote a fossil fuel system that is violating the rights of these 21 young plaintiffs."
In his April decision, Judge Coffin indicated that since young people will face the brunt of global warming, they have the right to sue the government for climate justice. He wrote:
"The debate about climate change and its impact has been before various political bodies for some time now. Plaintiffs give this debate justiciability by asserting harms that befall or will befall them personally and to a greater extent than older segments of society. It may be that eventually the alleged harms, assuming the correctness of plaintiffs' analysis of the impacts of global climate change, will befall all of us. But the intractability of the debates before Congress and state legislatures and the alleged valuing of short-term economic interest despite the cost to human life, necessitates a need for the courts to evaluate the constitutional parameters of the action or inaction taken by the government. This is especially true when such harms have an alleged disparate impact on a discrete class of society."
"Jayden and her fellow plaintiffs will be entering the hearing Tuesday with momentum from legal victories from their peers," Our Children's Trust stated. "Aside from their own victory before Judge Coffin, they are emboldened by other youth plaintiff wins in state courts in Washington, Massachusetts and New Mexico. Not to mention other state and international legal actions underway, all with support from Our Children's Trust."
In June, plaintiff Xiuhtezcatl Martinez stopped by Real Time with Bill Maher to talk about the lawsuit and the importance of government action on climate.
"We have a right to a healthy atmosphere and [the government] is directly in violation of our public trust and of our constitutional right to a healthy atmosphere," the teenage environmental activist said. "[My generation] is calling out our leaders and reminding them they are not doing the job they are put here to do."
More than half the bacteria in the human gut microbiome are sensitive to glyphosate, the mostly commonly used herbicide in the world, reported scientists this month in the Journal of Hazardous Materials.
- Honeybees Are Struggling to Get Enough Good Bacteria - EcoWatch ›
- Monsanto's Roundup Destroys Healthy Microbes in Humans and in ... ›
- EPA Glyphosate 'Safe' Levels May Be Dangerously High - EcoWatch ›
EcoWatch Daily Newsletter
<div id="7aab6" class="rm-shortcode" data-rm-shortcode-id="4bff71c40172c15736f73fe73ed18078"><blockquote class="twitter-tweet twitter-custom-tweet" data-twitter-tweet-id="1330967606585593857" data-partner="rebelmouse"><div style="margin:1em 0">Today, I’m announcing the first members of my national security and foreign policy team. They will rally the world… https://t.co/bAisIQk5P6</div> — Joe Biden (@Joe Biden)<a href="https://twitter.com/JoeBiden/statuses/1330967606585593857">1606162380.0</a></blockquote></div>
- A-List Celebs, Politicians Join John Kerry's World War Zero ... ›
- John Kerry: Not Addressing Climate Change Will Lead to 'Utter ... ›
- 'Neanderthals' in Power Won't Deal With Climate Crisis, Says John ... ›
By Melissa Gaskill
Two decades ago scientists and volunteers along the Virginia coast started tossing seagrass seeds into barren seaside lagoons. Disease and an intense hurricane had wiped out the plants in the 1930s, and no nearby meadows could serve as a naturally dispersing source of seeds to bring them back.
Restored seagrass beds in Virginia now provide habitat for hundreds of thousands of scallops. Bob Orth, Virginia Institute of Marine Science / CC BY 2.0<p>The paper is part of a growing trend of evidence suggesting seagrass meadows can be easier to restore than other coastal habitats.</p><p>Successful seagrass-restoration methods include <a href="https://www.sciencedirect.com/science/article/abs/pii/S0304377099000078?via%3Dihub" target="_blank">transplanting shoots</a>, <a href="https://onlinelibrary.wiley.com/doi/10.1111/j.1061-2971.2004.00314.x" target="_blank" rel="noopener noreferrer">mechanized planting</a> and, more recently, <a href="https://www.nature.com/articles/s41467-020-17438-4" target="_blank" rel="noopener noreferrer">biodegradable mats</a>. Removing threats, proximity to donor seagrass beds, planting techniques, project size and site selection all play roles in a restoration effort's success.</p><p>Human assistance isn't always necessary, though. In areas where some beds remain, seagrass can even recover on its own when stressors are reduced or removed. For example, seagrass began to recover when Tampa Bay improved its water quality by reducing nitrogen loads from runoff by roughly 90%.</p><p>But more and more, seagrass meadows struggle to hang on.</p><p>The marine flowering plants have declined globally since the 1930s and currently disappear at a rate equivalent to a football field every 30 minutes, according to the <a href="https://www.unep.org/resources/report/out-blue-value-seagrasses-environment-and-people" target="_blank" rel="noopener noreferrer">United Nations Environment Programme</a>. And research published in 2018 found the rate of decline is <a href="https://agupubs.onlinelibrary.wiley.com/doi/full/10.1029/2018GB005941" target="_blank" rel="noopener noreferrer">accelerating</a> in many regions.</p><p>The causes of decline vary and overlap, depending on the region. They include thermal stress from climate change; human activities such as dredging, anchoring and coastal infrastructure; and intentional removal in tourist areas. In addition, increased runoff from land carries sediment that clouds the water, blocking sunlight the plants need for photosynthesis. Runoff can also carry contaminants and nutrients from fertilizer that disrupt habitats and cause algal blooms.</p><p>All that damage comes with a cost.</p>
The Value of Seagrass<p>As with ecosystems like rainforests and <a href="https://therevelator.org/mangroves-climate-change/" target="_blank">mangroves</a>, loss of seagrass increases carbon dioxide emissions. And that spells trouble not just for certain habitats but for the whole planet.</p><p>Although seagrass covers at most 0.2% of the seabed, it <a href="https://www.unenvironment.org/news-and-stories/story/seagrass-secret-weapon-fight-against-global-heating" target="_blank">accounts for 10%</a> of the ocean's capacity to store carbon and soils, and these meadows store carbon dioxide an estimated 30 times faster than most terrestrial forests. Slow decomposition rates in seagrass sediments contribute to their <a href="https://www.researchgate.net/publication/238506081_Assessing_the_capacity_of_seagrass_meadows_for_carbon_burial_Current_limitations_and_future_strategies" target="_blank" rel="noopener noreferrer">high carbon burial rates</a>. In Australia, according to <a href="https://onlinelibrary.wiley.com/doi/10.1111/gcb.15204" target="_blank" rel="noopener noreferrer">research</a> by scientists at Edith Cowan University, loss of seagrass meadows since the 1950s has increased carbon dioxide emissions by an amount equivalent to 5 million cars a year. The United Nations Environment Programme reports that a 29% decline in seagrass in Chesapeake Bay between 1991 and 2006 resulted in an estimated loss of up to 1.8 million tons of carbon.</p>
Eelgrass in the river delta at Prince William Sound, Alaska. Alaska ShoreZone Program NOAA / NMFS / AKFSC; Courtesy of Mandy Lindeberg / NOAA / NMFS / AKFSC<p>Seagrasses also protect costal habitats. A healthy meadow slows wave energy, reduces erosion and lowers the risk of flooding. In Morro Bay, California, a 90% decline in the seagrass species known as eelgrass caused extensive erosion, according to a <a href="https://www.sciencedirect.com/science/article/abs/pii/S0272771420303528?via%3Dihub" target="_blank" rel="noopener noreferrer">paper</a> from researchers at California Polytechnic State University.</p><p>"Right away, we noticed big patterns in sediment loss or erosion," said lead author Ryan Walter. "Many studies have shown this on individual eelgrass beds, but very few studies looked at it on a systemwide scale."</p><p>In the tropics, seagrass's natural protection can reduce the need for expensive and often-environmentally unfriendly <a href="https://www.nioz.nl/en/news/zeegras-spaart-stranden-en-geld" target="_blank" rel="noopener noreferrer">beach nourishments</a> regularly conducted in tourism areas.</p><p>Seagrass ecosystems improve water quality and clarity, filtering particles out of the water column and preventing resuspension of sediment. This role could be even more important in the future. By producing oxygen through photosynthesis, meadows could help offset decreased oxygen levels caused by warmer water temperatures (oxygen is less soluble in warm than in cold water).</p><p>The meadows also provide vital habitat for a wide variety of marine life, including fish, sea turtles, birds, marine mammals such as manatees, invertebrates and algae. They provide nursery habitat for <a href="https://wedocs.unep.org/bitstream/handle/20.500.11822/32636/seagrass.pdf?sequence=1&isAllowed=y" target="_blank" rel="noopener noreferrer">roughly 20%</a> of the world's largest fisheries — an <a href="https://www.floridamuseum.ufl.edu/science/seagrass-meadows-harbor-wildlife-for-centuries/" target="_blank" rel="noopener noreferrer">estimated 70%</a> of fish habitats in Florida alone.</p><p>Conversely, their disappearance can contribute to die-offs of marine life. The loss of more than 20 square miles of seagrass in Florida's Biscayne Bay may have helped set the stage for a widespread <a href="https://www.wlrn.org/2020-08-14/the-seagrass-died-that-may-have-triggered-a-widespread-fish-kill-in-biscayne-bay" target="_blank">fish kill</a> in summer 2020. Lack of grasses to produce oxygen left the basin more vulnerable when temperatures rose and oxygen levels dropped as a result, says Florida International University professor Piero Gardinali.</p>
Damaged Systems, a Changing Climate<p>Governments and conservationists around the world have already put a lot of effort into coastal restoration efforts. And that's helped some seagrass populations.</p><p>Where stressors remain, though, restoration grows more complicated. <a href="https://www.rug.nl/research/portal/en/publications/the-future-of-seagrass-ecosystem-services-in-a-changing-world(3a8c56db-7bed-4c9e-ac7f-c72453e2a102).html" target="_blank">Research</a> published this September found that only 37% of seagrass restorations have survived. Newly restored meadows remain vulnerable to the original stressors that depleted them, as well as to storms — and <a href="https://www.ecowatch.com/tag/climate-crisis">climate change</a>.</p>
Seagrass in Dry Tortugas National Park, Florida. Alicia Wellman / Florida Fish and Wildlife / CC BY-NC-ND 2.0<p>In Chesapeake Bay a cold-water species of seagrass is currently hitting its heat limit, especially in summer, according to Alexander Challen Hyman of University of Florida's School of Natural Resources and Environment. As waters continue to warm due to climate change, the species likely will disappear there.</p><p>Climate-driven sea-level rise complicates the problem as well. Seagrasses thrive at specific depths — too shallow and they dry out or are eaten, too deep and there isn't enough light for photosynthesis.</p>
But There’s Good News, Too<p>Luckily, left to its own devices, a seagrass meadow can flourish for hundreds of years, according to a <a href="https://royalsocietypublishing.org/doi/10.1098/rspb.2019.1861" target="_blank" rel="noopener noreferrer">paper</a> published last year by Hyman and other researchers from the University of Florida. The researchers arrived at their conclusion by looking at shells of living mollusks and fossil shells to estimate the ages of meadows in Florida's Big Bend region on the Gulf Coast.</p><p>That area has extensive, relatively pristine seagrass meadows. "Our motivation was to understand the past history of these systems, and shells store a lot of history," said co-author Michal Kowalewski.</p><p>A high degree of similarity between living and dead shells indicates a stable area, while a mismatch suggests an area shifted from seagrass to barren sand. The researchers found that long-term accumulations of shells resembled living ones, suggesting that the seagrass habitats have been stable over time.</p><p>That stability allows biodiversity to thrive, creating conditions where specialist species can survive and flourish, according to Hyman.</p><p>Discovering the long-term stability of seagrass meadows has implications for choosing restoration sites, Kowalewski notes.</p><p>"There must be reasons they thrive in one place, while a mile away they don't and fossil data says they probably never did," he said. "If we remove a seagrass patch, we cannot hope to plant it somewhere else. It's not just the seagrass that is special. The location at which it's found is special, too."</p><p>A better approach is conserving these habitats in the first place, but we're not doing enough of that right now. The UN reports that marine protected areas safeguard just 26% of recorded seagrass meadows, compared with 40% of coral reefs and 43% of mangroves.</p>
Carbon dioxide levels in the atmosphere hit a new record in 2019 and have continued climbing this year, despite lockdowns and other measures to curb the pandemic, the World Meteorological Organization (WMO) said on Monday, citing preliminary data.
- 13 Must-Read Climate Change Reports for 2020 - EcoWatch ›
- Large Methane Leaks Soar 32% Despite Lockdowns and Green ... ›
These black-and-white lizards could be the punchline of a joke, except the situation is no laughing matter.