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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.
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."
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A central player in the fight against the novel coronavirus is our immune system. It protects us against the invader and can even be helpful for its therapy. But sometimes it can turn against us.
How does our immune system react to the coronavirus?<p>The coronavirus is — like any other virus — not much more than a shell around genetic material and a few proteins. To replicate, it needs a host in the form of a living cell. Once infected, this cell does what the virus commands it to do: copy information, assemble it, release it.</p><p>But this does not go unnoticed. Within a few minutes, the body's immune defense system intervenes with its innate response: Granulocytes, scavenger cells and killer cells from the blood and lymphatic system stream in to fight the virus. They are supported by numerous plasma proteins that either act as messengers or help to destroy the virus.</p><p>For many viruses and bacteria, this initial activity of the immune system is already sufficient to fight an intruder. It often happens very quickly and efficiently. We often notice only small signs that the system is working: We have a cold, a fever. </p>
Is there an immunity? How long does it last?<p>The good news is that it is very likely there is an immunity. This is suggested by the proximity to other viruses, epidemiological data and animal experiments. Researchers <a href="https://www.biorxiv.org/content/10.1101/2020.03.13.990226v1" target="_blank">infected four rhesus monkeys,</a> a species close to humans, with SARS-CoV-2. The monkeys showed symptoms of COVID-19, the disease caused by the coronavirus, developed neutralizing antibodies and recovered after a few days. When the recovered animals were reinfected with the virus, they no longer developed any symptoms: They were immune. </p><p>The bad news: It is not (yet) known how long the immunity will last. It depends on whether a patient has successfully developed neutralizing antibodies. Achim Hörauf estimates that the immunity should last at least one year. Within this year, every new contact with the virus acts as a kind of booster vaccination, which in turn might prolong the immunity.</p><p>"The virus is so new that nobody has a reasonable immune response," says the immunologist. He believes that lifelong immunity is unlikely. This "privilege" is reserved for viruses that remain in the body for a long time and give our immune system a virtually permanent opportunity to get to know it. Since the coronavirus is an RNA (and not a DNA) virus, it cannot permanently settle in the body, says Hörauf.</p><p>The Heidelberg immunologist <a href="https://www.klinikum.uni-heidelberg.de/immunologie/immunologie" target="_blank">Stefan Meuer</a> predicts that the novel coronavirus will also mutate like all viruses. He assumes that this could be the case in 10 to 15 years: "At some point, the acquired immunity will no longer be of any use to us because then another coronavirus will return, against which the protection that has now been formed will not help us because the virus has changed in such a way that the antibodies are no longer responsible. And then no vaccination will help either."</p>
How can we take advantage of the antibody response of the immune system?<p>Researchers are already collecting plasma from people who have successfully survived an infection with SARS-CoV-2 and are using it to treat a limited number of patients suffering from COVID-19. The underlying principle: <a href="https://www.dw.com/en/coronavirus-drugs-can-antibodies-from-survivors-help/a-52806428" target="_blank">passive immunization.</a> The studies carried out to date have shown positive results, but they have usually been carried out on only a few people.</p><p>At best, passive immunization is used only when the patient's own immune system has already started to work against the virus, says Achim Hörauf: "The longer you can leave the patients alone with the infection before you protect them with passive immunization, the better." Only through active immunization can one be protected in the long term. At the same time, it is difficult to recognize the right point in time.</p><p>PCR (polymerase chain reaction) tests are currently used to find out whether a person is infected with the coronavirus. With the help of PCR, it is not possible to tell whether or not there is reproducible viral RNA; it is just a proof of whether the virus is still present, dead or alive. A PCR test cannot tell us whether our immune system has already intervened, i.e. whether we have had contact with the virus in the past, have formed antibodies and are now protected. Researchers are therefore working on tests that check our blood for the presence of antibodies. They are already in use in Singapore, for example, and are nearing completion in the USA. With the help of these tests, it would finally be possible to gain an overview <a href="https://www.dw.com/en/corona-confusion-how-to-make-sense-of-the-numbers-and-terminology/a-52825433" target="_blank">of the unclear case numbers.</a> In addition, people who have developed antibodies against the virus could be used at the forefront of health care, for example. An "immunity passport" is even under discussion.</p>
Is it possible to become infected and/or ill several times with the coronavirus?<p>"According to all we know, it is not possible with the same pathogen," says Achim Hörauf. It is possible to become infected with other coronaviruses or viruses from the SARS or MERS group if their spike proteins look different. "As far as the current epidemic is concerned, it can be assumed that people who have been through COVID-19 will not become ill from it for the time being and will not transmit the virus any further," he says.</p>
How long before you're no longer contagious?<p>A study <a href="https://www.nature.com/articles/s41586-020-2196-x" target="_blank">carried out on the first coronavirus patients in Germany</a> showed that no viruses that are capable of replication can be found from day eight after the onset of symptoms, even though PCR can still detect up to 100,000 gene copies per sample. This could change the current quarantine recommendations in the future.</p><p>According to the Robert Koch Institute, patients can currently be discharged from hospital if they show two negative PCR samples from the throat within 24 hours. If they have had a severe case of the disease, they should remain in domestic isolation for another two weeks. For each discharge, whether from hospital or home isolation, they should have been symptom-free for at least 48 hours.</p>
Why do people react differently to the virus?<p>While some people get off with a mild cold, others are put on ventilators or even die of SARS-Cov-2. Especially people with <a href="https://www.dw.com/en/coronavirus-who-is-particularly-at-risk-and-why/a-52710881" target="_blank">pre-existing conditions</a> and older people seem to be worst-affected by the virus. Why? This is the hottest question at the moment.</p><p>It will still take a very, very long time to understand the mechanistic, biological basis for why some people are so much more severely affected than others, virologist Angela Rasmussen told <em>The Scientist</em>. "The virus is important, but the host response is at least as important, if not more important," her colleague Stanley Perlman told the magazine.</p><p>Stefan Meuer sees a fundamental survival principle of nature in the different equipment and activity of our immune systems: "If we were all the same, one and the same virus could wipe out the entire human species at once. Due to the genetic range, it is quite normal that some people die from a viral disease while others do not even notice it. "</p><p>Achim Hörauf also suspects immunological variants that could be genetically determined. Since interstitial pneumonia is observed with the coronavirus, the focus is probably on an overreaction of the immune system. However, it is also possible that each person affected may have been loaded with a different dose of the virus, which in turn leads to different outcomes. And finally, it makes a difference how robust the body and lungs are: Competitive athletes simply have more lung volume than long-time smokers. </p>
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