Victory for America's Youth: Federal Judge Rules Climate Lawsuit Can Proceed
The federal court in Eugene, Oregon decided in favor of 21 youth plaintiffs on Thursday, in their "groundbreaking" constitutional climate lawsuit against President Obama, numerous federal agencies and the fossil fuel industry. U.S.
District Court Judge Ann Aiken rejected all arguments to dismiss raised by the federal government and fossil fuel industry, determining that the young plaintiffs' constitutional and public trust claims could proceed. Now, the 21 plaintiffs, who range in age from 9-20, are preparing for trial in what is believed to be a turning point in U.S. constitutional history.
"My generation is rewriting history," said Xiuhtezcatl Martinez, a 16-year-old plaintiff and youth director of Earth Guardians. "We're doing what so many people told us we were incapable of doing: holding our leaders accountable for their disastrous and dangerous actions. I and my co-plaintiffs are demanding justice for our generation and justice for all future generations. This is going to be the trial of our lifetimes."
In determining the complaint to be valid, Judge Aiken's ruling contained these passages:
"Federal courts too often have been cautious and overly deferential in the arena of environmental law and the world has suffered for it."
"Although the United States has made international commitments regarding climate change, granting the relief requested here would be fully consistent with those commitments. There is no contradiction between promising other nations the United States will reduce CO2 emissions and a judicial order directing the United States to go beyond its international commitments to more aggressively reduce CO2 emissions."
"[The defendants and intervenors] are correct that plaintiffs likely could not obtain the relief they seek through citizen suits brought under the Clean Air Act, the Clean Water Act or other environmental laws. But that argument misses the point. This action is of a different order than the typical environmental case. It alleges that defendants' actions and inactions—whether or not they violate any specific statutory duty— have so profoundly damaged our home planet that they threaten plaintiffs' fundamental constitutional rights to life and liberty."
"This decision is one of the most significant in our nation's history," said Julia Olson, counsel for the plaintiffs and executive director of Our Children's Trust.
"This is a critical step toward solution of the climate problem and none to soon as climate change is accelerating," said Dr. James Hansen, guardian in the case for all future generations and world-renowned climate scientist. "Now we must ask the court to require the government to reduce fossil fuel emissions at a rate consistent with the science."
4 Reasons the Paris Agreement Won’t Solve Climate Change https://t.co/nK7hl6v2Aw @GreenpeaceUK @foeeurope @globalactplan— EcoWatch (@EcoWatch)1476089117.0
The young plaintiffs sued the federal government for violating their constitutional rights to life, liberty and property, and their rights to vital public trust resources, by locking in a fossil-fuel based national energy system for more than five decades with full knowledge of the extreme dangers it posed.
"It's clear Judge Aiken gets what's at stake for us," said 17-year-old plaintiff Victoria Barrett, from White Plains, New York. "Our planet and our generation don't have time to waste. If we continue on our current path, my school in Manhattan will be underwater in 50 years. We are moving to trial and I'm looking forward to having the world see the incredible power my generation holds. We are going to put our nation on a science-based path toward climate stabilization."
This federal case is one of many related legal actions brought by youth in several states and countries, all supported by Our Children's Trust, seeking science-based action by governments to stabilize the climate system.
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Jean-Marc Neveu and Olivier Civil never expected to find themselves battling against disposable mask pollution.
When they founded their recycling start-up Plaxtil in 2017, it was textile waste they set their sights on. The project developed a process that turned fabrics into a new recyclable material they describe as "ecological plastic."
Mounting Piles of Waste<p>It is not only the streets of Chatellerault where pandemic pollution is piling-up, but also the world's beaches and oceans. Once there, they can take up to 450 years to degrade and disappear.</p><p>Esther Röling, co-organizer of the annual Adventure Clean Up Challenge held on Hong Kong Island, has seen this waste firsthand. In October the sports challenge pitted teams against one another in a competition to remove trash from 13 hard-to-reach coastal areas around the city.</p><p>They find tons of both disposable and reusable masks, said Röling. "You wonder how it ended up there. Was it just thrown on the ground? Or was it in a garbage bag that broke open?"</p><p>Almost 10,000 kilometers away in Antibes on the sunny French Riviera, it's a similar picture. For the past few months, divers and clean-up volunteers working with an ocean clean-up non-profit called Operation Mer Propre have been collecting an increasing number of masks found on land and in the sea.</p><p>"Since the beginning of the lockdown when we started to count, we've reached 800, 900, [and now in total] 1000 masks," said co-founder Joko Peltier. </p><p>According to <a href="https://unctad.org/news/growing-plastic-pollution-wake-covid-19-how-trade-policy-can-help" target="_blank">UN estimates</a>, up to 75% of all coronavirus-related plastic could end up as waste in oceans and landfills.</p>
The Limits of Recycling<p>Yet not all are convinced the recycling of this waste is possible on a global scale. </p><p>"What those citizen groups are doing is really beneficial but once they collect it, it should just go to a landfill or an incinerator. They shouldn't necessarily expect it to get recycled," said Jonathan Krones, an industrial ecologist and visiting assistant professor of environmental studies at Boston College.</p><p>That's because mask recycling programs like Plaxtil are few and far between and most don't have the benefit of a readily adaptable production process. </p><p>Even in countries with solid recycling infrastructure, he says, the system is designed to separate out specific types of waste like bottles or cardboard.</p><p>"I imagine that it would be technically feasible to develop a separation process to filter out masks, but there simply aren't enough of them to make that economical," he said.</p><p>Collection is a big hurdle, he adds. Since each mask only weighs a fraction of a gram and they're scattered on roads or mixed with other trash, it is difficult and costly. </p><p>"You need a lot of raw material of the right quality to make investing in the recycling technology and the recycling system worthwhile," he said.<span></span><br></p>
Hemp, Sugar Cane and Sustainable Alternatives<p>Some projects are instead addressing the material used to make masks.</p><p>French company Geochanvre have created a mask made primarily from hemp, while in Australia, researchers at the Queensland University of Technology are experimenting with a disposable product made from agricultural waste. </p><p>Biodegradable options are exciting alternatives to reduce the fossil fuels needed for the creation of plastic-based masks, said Krones, but they don't absolve the wearer from the responsibility of what happens afterwards. </p><p>Bio-based masks often need their own composing solutions, he explains, because in landfill they can produce high amounts of the greenhouse gas methane when anaerobic bacteria feeds on the organic material. Methane is known to be significantly more potent than carbon dioxide.</p><p>"I think as long as we have in our mind that we want to have disposability, we're going to have to wrestle with a variety of different sorts of environmental tradeoffs," he said, adding that reusable, fabric masks are the best option available to most people.</p><p>Precimask is developing a clear face covering with an optional visor made from hard plastic, designed to be long-lasting.<br></p><p>Air enters either side of the cheeks through a technology normally found in pool filters and car exhaust systems, said company spokeswoman Juliette Chambet.</p><p>"We wanted to make ceramic-based filters that would be washable and cleanable, which would allow them to be reused as many times as desired without having to buy a new consumable or produce waste," she said. </p><p>Ultimately, encouraging mask wearers to think about the entire lifecycle of a mask is key, explains Neveu. </p><p>"We want people who put on the masks to realize that they are also responsible for the waste, he said. "It's not inevitable that this [pandemic] will become an environmental catastrophe.</p><p><em>Reposted with permission from </em><em><a href="https://www.dw.com/en/covid-19-recycling-pollution-trash-pandemic/a-55707817" target="_blank">Deutsche Welle</a>.</em><a href="https://www.ecowatch.com/r/entryeditor/2649032193#/" target="_self"></a></p>
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