Judge Throws Out Historic Climate Liability Cases Brought by Oakland and San Francisco
In a blow to the climate liability movement, Federal Judge William Alsup on Monday threw out a trendsetting lawsuit brought by the cities of Oakland and San Francisco against the five biggest fossil-fuel producing companies, The New York Times reported.
The two Bay Area cities were the first major U.S. cities to sue big oil over the costs of adapting to climate change, but other cities and counties around the country, including New York, Boulder and Seattle's King County, have followed their lead for a current total of 11 such lawsuits on the books.
Alsup, of the Federal District Court in San Francisco, stemmed the tide of the movement with his decision, ruling that the courts were not the appropriate place to decide issues relating to climate change.
"The problem deserves a solution on a more vast scale than can be supplied by a district judge or jury in a public nuisance case," Alsup wrote in his opinion, according to The New York Times.
Alsup acknowledged the scientific consensus surrounding human-caused climate change and agreed that it posed a significant risk to the planet, but did not think it was ultimately fair to hold the defendants―Chevron, ConocoPhillips, ExxonMobil, BP and Royal Dutch Shell―responsible for supplying a global demand for energy that had transformed the modern world.
"Would it really be fair to now ignore our own responsibility in the use of fossil fuels and place the blame for global warming on those who supplied what we demanded? Is it really fair, in light of those benefits, to say that the sale of fossil fuels was unreasonable?" he asked in the statement.
"This is obviously not the ruling we wanted, but this doesn't mean the case is over," San Francisco city attorney spokesperson John Coté told The New York Times. "We're reviewing the order and will decide on our next steps shortly."
Coté added that the case had already been a success in at least one respect: It had led Alsup to order a historic court tutorial in March in which climate science experts testified about the proof for anthropogenic global warming.
"We're pleased that the court recognized that the science of global warming is no longer in dispute," he said. "Our litigation forced a public court proceeding on climate science, and now these companies can no longer deny it is real and valid. Our belief remains that these companies are liable for the harm they've caused."
Chevron was predictably pleased with the results.
"Reliable, affordable energy is not a public nuisance but a public necessity," vice president and general counsel for Chevron R. Hewitt Pate told The New York Times.
Michael Burger, executive director of the Sabin Center for Climate Change Law at Columbia University, told The New York Times it was too soon to tell if Alsup's decision would influence judges hearing similar cases around the country.
The cities had filed their suits against the companies using public nuisance law. In previous federal cases concerning climate change, the Supreme Court ruled that the Clean Air Act superseded nuisance law at the federal level and that it was up to the U.S. Environmental Protection Agency to deal with such complaints.
Oakland and San Francisco had tried to file public nuisance suits at the state level, while the defendants tried to move the cases to federal courts. Alsup decided the two cities' suits should be tried federally, but the federal judge reviewing the climate liability cases brought by Marin County, San Mateo County and Imperial Beach moved them to state courts.
EcoWatch Daily Newsletter
- 29 Wildfires Blaze Across the West, Fueled by Drought and Wind ... ›
- Large Wildfires Scorch Forests in Drought-Stricken Southwest ... ›
Accessibility to quality health care has dropped for millions of Americans who lost their health insurance due to unemployment. mixetto / E+ / Getty Images
Accessibility to quality health care has dropped for millions of Americans who lost their health insurance due to unemployment. New research has found that 5.4 million Americans were dropped from their insurance between February and May of this year. In that three-month stretch more Americans lost their coverage than have lost coverage in any entire year, according to The New York Times.
- Trump Plans to End Federal Funding for COVID-19 Testing Sites ... ›
- 'Unfathomable Cruelty': Trump Admin Asks Supreme Court to ... ›
On hot days in New York City, residents swelter when they're outside and in their homes. The heat is not just uncomfortable. It can be fatal.
- Extreme Heat-Stressed Locations Could Increase by 80% - EcoWatch ›
- African Americans Are Disproportionately Exposed to Extreme Heat ... ›
- Extreme Heat Is Killing Americans While Government Neglect ... ›
Fracking companies are going bankrupt at a rapid pace, often with taxpayer-funded bonuses for executives, leaving harm for communities, taxpayers, and workers, the New York Time reports.
- Plunging Oil Prices Trigger Economic Downturn in Fracking Boom ... ›
- Fracking Boom Bursts in Face of Low Oil Prices - EcoWatch ›
- As Fracking Companies Face Bankruptcy, U.S. Regulators Enable ... ›
A report scheduled for release later Tuesday by Congress' non-partisan Government Accountability Office (GAO) finds that the Trump administration undervalues the costs of the climate crisis in order to push deregulation and rollbacks of environmental protections, according to The New York Times.
- Under Trump, EPA Workers Seek Bill of Rights to Allow Them to ... ›
- Trump Adds 'Tasteless Insult to Injury' by Pushing Fossil Fuel ... ›
By Kristen Fischer
It's going to be back-to-school time soon, but will children go into the classrooms?
The American Academy of Pediatrics (AAP) thinks so, but only as long as safety measures are in place.
Keeping Schools Safe<p>What will safer schools look like?</p><p>In a <a href="https://jamanetwork.com/journals/jama/fullarticle/2766822" target="_blank">JAMA article</a> published last month, <a href="https://www.jhsph.edu/faculty/directory/profile/1781/joshua-m-sharfstein" target="_blank">Dr. Joshua Sharfstein</a>, a pediatrician and professor at the Johns Hopkins Bloomberg School of Public Health, outlined suggestions — many of which are similar to AAP's.</p><p>Remote learning protocols must stay in place, especially as some schools stagger home and in-building learning. If another shutdown needs to occur, children will rely on distance learning completely, so it must be easy to switch to, he said.</p><p>He suggested giving parents a daily checklist to document their child's health. Kids should be screened quickly on arrival and be given hygiene supplies. Maintenance staff should use appropriate PPE and have regular cleaning schedules. A notification system should be in place if a case is identified, Sharfstein recommended.</p><p><a href="https://www.albany.edu/rockefeller/faculty/erika-martin" target="_blank">Erika Martin</a>, PhD, an associate professor of public administration and policy at University at Albany, said nutrition assistance and health services should be included. She called for tutoring programs with virtual options as well as technology access.</p>
Supporting Staff<p>Teachers and staff will be affected by safeguarding measures, noted <a href="https://directory.sph.umn.edu/bio/sph-a-z/rachel-widome" target="_blank">Rachel Widome</a>, PhD, an associate professor of epidemiology and community health at University of Minnesota.</p><p>"In order for all of the in-school precautions to work well, we'll be asking a lot of teachers and staff," Widome told Healthline. In addition to their usual workload, they'll now be asked to monitor mask-wearing, ensure children are keeping distance, and be aware of any symptoms.</p><p>Along with Sharfstein, Widome called for an increase in financial support. More employees will likely be required so teachers and staff members can keep up with the added demands.</p>
Should Kids Go Back?<p>While these guidelines may help get some schools to reopen, many people don't think children should go back to school over fears they could contract the disease and spread it to other vulnerable family members like grandparents, infant siblings, or their parents.</p><p>In a <a href="https://pediatrics.aappublications.org/content/early/2020/07/08/peds.2020-004879" target="_blank">Pediatrics</a> commentary, <a href="https://www.md.com/doctor/william-raszka-md" target="_blank">Dr. William V. Raszka, Jr.</a>, an infectious disease specialist at The University of Vermont Medical Center, argued that schools should open because school-aged children are far less important drivers of COVID-19 than adults.</p><p>But he says the risk and benefit is not equal among all students ages 5 to 18.</p><p>"Elementary schools are arguably higher priority for face-to-face schooling, since younger children are at lower risk for infection and transmission, and since parental supervision of younger children's distance learning may be particularly challenging," added Sorensen, who penned a <a href="https://jamanetwork.com/channels/health-forum/fullarticle/2767411" target="_blank">June article in JAMA</a> with reopening tips. "That means middle and high schools are more likely to emphasize distance learning."</p><p>Specific student populations, such as special education students and students with disabilities, would also benefit greatly from more time spent in face-to-face environments, Sorensen said.</p>
What Parents Can Do<p>Parents should ask for and receive frequent updates from schools about plans for the fall. They should also be informed about plans if and when COVID infections are identified, Sharfstein said.</p><p>"I'd like to see parents investing now, during the summer, in doing things that can slow and stop the spread of the virus in their communities," Widome said.</p><p>"Now is a good time for kids to practice wearing masks and get used to them as they may be wearing them for longer stretches if school starts up in person," Widome suggested.</p><p>She recommends parents try different mask designs and materials to see what children are more comfortable wearing.</p><p>"If you are using cloth face coverings, it's good to have extras on hand," Widome added.</p><p>Parents should model healthy behavior at home and while out in public — another thing that could affect how well children adapt to reopening practices, Sorensen said.</p><p>"Children may want to know more about face coverings," added <a href="https://www.linkedin.com/in/leescott/" target="_blank">Lee Scott</a>, chairwoman of the Educational Advisory Board at <a href="https://www.goddardschool.com/" target="_blank">The Goddard School</a>. "Dramatic play, such as creating or wearing a face covering, may help some children adjust to this concept." Schools can also show children photos of what faculty members look like in their masks so the students are familiar with that appearance.</p><p>Johns Hopkins University recently released its eSchool+ Initiative, a slew of resources surrounding education during the pandemic. These include a <a href="https://equityschoolplus.jhu.edu/reopening-checklist/" target="_blank">checklist for administrators</a>, report on <a href="https://equityschoolplus.jhu.edu/ethics-of-reopening/" target="_blank">ethical considerations</a>, and a tracker of <a href="https://equityschoolplus.jhu.edu/reopening-policy-tracker/" target="_blank">state and local reopening plans</a>.</p>
- Trump Admin Rejects CDC Reopening Guidelines - EcoWatch ›
- How Do You Stay Safe Now That States Are Reopening? - EcoWatch ›
- Florida Breaks U.S. Daily Record With Over 15,000 New ... ›
By Eoin Higgins
Over 300 groups on Monday urged Senate leadership to reject a bill currently under consideration that would incentivize communities to sell off their public water supplies to private companies for pennies on the dollar.
<div id="fea63" class="rm-shortcode" data-rm-shortcode-id="9a6f211c2bc5aedd34837944cb8eeedf"><blockquote class="twitter-tweet twitter-custom-tweet" data-twitter-tweet-id="1281000111481294849" data-partner="rebelmouse"><div style="margin:1em 0">Water in Illinois is overwhelmingly public. Why is Tammy Duckworth sponsoring a bill that aims to change that? https://t.co/1V36Kkd99s</div> — The American Prospect (@The American Prospect)<a href="https://twitter.com/TheProspect/statuses/1281000111481294849">1594249201.0</a></blockquote></div>
- DNC Ignores Progressive Climate Activists - EcoWatch ›
- Who's a Climate Champion and Who's a Climate Disaster? - EcoWatch ›