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."
Yet another former Trump administration staffer has come out with an endorsement for former Vice President Joe Biden, this time in response to President Donald Trump's handling of the coronavirus pandemic.
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By D. André Green II
One of nature's epic events is underway: Monarch butterflies' fall migration. Departing from all across the United States and Canada, the butterflies travel up to 2,500 miles to cluster at the same locations in Mexico or along the Pacific Coast where their great-grandparents spent the previous winter.
Millions of People Care About Monarchs<p>I will never forget the sights and sounds the first time I visited monarchs' overwintering sites in Mexico. Our guide pointed in the distance to what looked like hanging branches covered with dead leaves. But then I saw the leaves flash orange every so often, revealing what were actually thousands of tightly packed butterflies. The monarchs made their most striking sounds in the Sun, when they burst from the trees in massive fluttering plumes or landed on the ground in the tussle of mating.</p><p>Decades of educational outreach by teachers, researchers and hobbyists has cultivated a generation of monarch admirers who want to help preserve this phenomenon. This global network has helped restore not only monarchs' summer breeding habitat by planting milkweed, but also general pollinator habitat by planting nectaring flowers across North America.</p><p>Scientists have calculated that restoring the monarch population to a stable level of about 120 million butterflies will require <a href="https://doi.org/10.1111/icad.12198" target="_blank">planting 1.6 billion new milkweed stems</a>. And they need them fast. This is too large a target to achieve through grassroots efforts alone. A <a href="https://www.fws.gov/savethemonarch/CCAA.html" target="_blank" rel="noopener noreferrer">new plan</a>, announced in the spring of 2020, is designed to help fill the gap.</p>
Pros and Cons of Regulation<p>The top-down strategy for saving monarchs gained energy in 2014, when the U.S. Fish and Wildlife Service <a href="https://www.fws.gov/southeast/pdf/petition/monarch.pdf" target="_blank">proposed</a> listing them as threatened under the Endangered Species Act. A decision is expected in December 2020.</p><p>Listing a species as endangered or threatened <a href="https://www.fws.gov/endangered/esa-library/pdf/listing.pdf" target="_blank">triggers restrictions</a> on "taking" (hunting, collecting or killing), transporting or selling it, and on activities that negatively affect its habitat. Listing monarchs would impose restrictions on landowners in areas where monarchs are found, over vast swaths of land in the U.S.</p><p>In my opinion, this is not a reason to avoid a listing. However, a "threatened" listing might inadvertently threaten one of the best conservation tools that we have: public education.</p><p>It would severely restrict common practices, such as rearing monarchs in classrooms and back yards, as well as scientific research. Anyone who wants to take monarchs and milkweed for these purposes would have to apply for special permits. But these efforts have had a multigenerational educational impact, and they should be protected. Few public campaigns have been more successful at raising awareness of conservation issues.</p>
<span style="display:block;position:relative;padding-top:56.25%;" class="rm-shortcode" data-rm-shortcode-id="91165203d4ec0efc30e4632a00fdf57d"><iframe lazy-loadable="true" src="https://www.youtube.com/embed/KilPRvjbMrA?rel=0" width="100%" height="auto" frameborder="0" scrolling="no" style="position:absolute;top:0;left:0;width:100%;height:100%;"></iframe></span>
The Rescue Attempt<p>To preempt the need for this kind of regulation, the U.S. Fish and Wildlife Service approved a <a href="https://www.fws.gov/savethemonarch/pdfs/Monarch%20CCAA-CCA%20Public%20Comment%20Documents/Monarch-Nationwide_CCAA-CCA_Draft.pdf" target="_blank">Nationwide Candidate Conservation Agreement for Monarch Butterflies</a>. Under this plan, "rights-of-way" landowners – energy and transportation companies and private owners – commit to restoring and creating millions of acres of pollinator habitat that have been decimated by land development and herbicide use in the past half-century.</p><p>The agreement was spearheaded by the <a href="http://rightofway.erc.uic.edu/" target="_blank">Rights-of-Way Habitat Working Group</a>, a collaboration between the University of Illinois Chicago's <a href="https://erc.uic.edu/" target="_blank" rel="noopener noreferrer">Energy Resources Center</a>, the Fish and Wildlife Service and over 40 organizations from the energy and transportation sectors. These sectors control "rights-of-way" corridors such as lands near power lines, oil pipelines, railroad tracks and interstates, all valuable to monarch habitat restoration.</p><p>Under the plan, partners voluntarily agree to commit a percentage of their land to host protected monarch habitat. In exchange, general operations on their land that might directly harm monarchs or destroy milkweed will not be subject to the enhanced regulation of the Endangered Species Act – protection that would last for 25 years if monarchs are listed as threatened. The agreement is expected to create up to 2.3 million acres of new protected habitat, which ideally would avoid the need for a "threatened" listing.</p>
A Model for Collaboration<p>This agreement could be one of the few specific interventions that is big enough to allow researchers to quantify its impact on the size of the monarch population. Even if the agreement produces only 20% of its 2.3 million acre goal, this would still yield nearly half a million acres of new protected habitat. This would provide a powerful test of the role of declining breeding and nectaring habitat compared to other challenges to monarchs, such as climate change or pollution.</p><p>Scientists hope that data from this agreement will be made publicly available, like projects in the <a href="https://www.fws.gov/savethemonarch/MCD.html" target="_blank">Monarch Conservation Database</a>, which has tracked smaller on-the-ground conservation efforts since 2014. With this information we can continue to develop powerful new models with better accuracy for determining how different habitat factors, such as the number of milkweed stems or nectaring flowers on a landscape scale, affect the monarch population.</p><p>North America's monarch butterfly migration is one of the most awe-inspiring feats in the natural world. If this rescue plan succeeds, it could become a model for bridging different interests to achieve a common conservation goal.</p>
The annual Ig Nobel prizes were awarded Thursday by the science humor magazine Annals of Improbable Research for scientific experiments that seem somewhat absurd, but are also thought-provoking. This was the 30th year the awards have been presented, but the first time they were not presented at Harvard University. Instead, they were delivered in a 75-minute pre-recorded ceremony.