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."
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.
Santa Barbara Becomes First California City to Pass Resolution Against Offshore Oil and Gas Drilling
The Santa Barbara City Council approved a resolution Tuesday opposing new drilling off the California coast and fracking in existing offshore oil and gas wells. The resolution is the first in a new statewide campaign to rally local governments against proposals to expand offshore fossil fuel extraction in federal waters.
The vote—which makes Santa Barbara the first California city to oppose both fracking and new offshore drilling—follows President Trump's April 28 executive order urging federal agencies to expand oil and gas leasing in federal waters. The order could expose the Pacific Ocean to new oil leasing for the first time in more than 30 years.
Starting Wednesday, the vast majority of Americans can learn about every potentially harmful chemical in their drinking water and what scientists say are the safe levels of those contaminants. The Environmental Working Group's (EWG) new national Tap Water Database is the most complete source available on the quality of U.S. drinking water, aggregating and analyzing data from almost 50,000 public water systems in all 50 states and the District of Columbia.
The organization has earned a reputation for ambitious data-mining research projects that shake up policy debates and consumer markets. EWG's online Farm Subsidy Database, listing millions of subsidy recipients, and its Skin Deep guide to more than 70,000 personal care products, draw tens of millions of visitors every year.
By Stacy Malkan
Ever since they classified the world's most widely used herbicide as "probably carcinogenic to humans," a team of international scientists at the World Health Organization's (WHO) cancer research group have been under withering attack by the agrichemical industry and its surrogates.
In a front-page series, The Monsanto Papers, the French newspaper Le Monde described the attacks as "the pesticide giant's war on science," and reported, "to save glyphosate, the firm [Monsanto] undertook to harm the United Nations agency against cancer by all means."
The lengthy report from the Energy and Policy Institute uses reams of archival documents to demonstrate that utility industry representatives knew as far back as 1968 that burning fossil fuels could trigger "catastrophic effects" on the climate.
By Sharon Kelly
The Pennsylvania's Environmental Hearing Board ordered Sunoco Pipeline LP Tuesday to temporarily halt some types of work on a $2.5 billion pipeline project designed to carry 275,000 barrels a day of butane, propane and other liquid fossil fuels from Ohio and West Virginia, across Pennsylvania, to the Atlantic coast.
On July 19, three environmental groups presented Judge Bernard Labuskes, Jr. with documentation showing that the project had caused dozens of drilling fluid spills and other accidents between April and mid-June.
By Andy Rowell
The UK has followed France in banning the sale of new petrol and diesel cars by 2040, as part of its plan to tackle chronic air pollution in cities. The government has been coming under intense pressure to act, with an estimated 40,000 people dying prematurely a year from air pollution.
By Colleen Curry
People traveling across America today can, if they're lucky, pitch a tent in the same exact spot that early American explorers and map-makers Lewis and Clark did, amid the jagged rocks and sweeping plains of the Upper Missouri River Breaks in central Montana.
Brent Rose, a journalist and filmmaker who has been traveling around the U.S. in a van for two years, was one of the lucky ones.
Kyara, a killer whale born at SeaWorld San Antonio just three months ago, died Monday at the park, as reported in this video from Newsy. Kyara is the last orca to be born in captivity under the SeaWorld breeding program, which shut down in 2016.
In a statement, SeaWorld said the cause of death was "likely pneumonia" and that "Kyara had faced some very serious and progressive health issues over the last week."