Quantcast
Climate
Robin Loznak

Plaintiffs in Landmark Climate Lawsuit Answer Trump’s Mandamus Petition

Attorneys representing 21 youth plaintiffs in the landmark climate case Juliana v. United States filed an answer to the Trump administration's mandamus petition Monday with the Ninth Circuit Court of Appeals.

In their answer, attorneys make clear that the U.S. government already admitted that its actions imperil youth plaintiffs with "dangerous, and unacceptable economic, social, and environmental risks," and that "the use of fossil fuels is a major source of [greenhouse gas] emissions, placing our nation on an increasingly costly, insecure and environmentally dangerous path."


Attorneys for the youth plaintiffs also point to their July 20 deposition of Dr. Michael Kuperberg, head of the federal climate research program, who testified that he is "fearful," that "increasing levels of CO2 pose risks to humans and the natural environment," and that he does not "think current federal actions are adequate to safeguard the future."

The Trump administration originally filed the mandamus petition on June 9, arguing the Ninth Circuit's intervention was necessary due to what it characterized as burdensome discovery issues. On July 28 a panel of judges from the Ninth Circuit ordered youth plaintiffs' attorneys to answer the petition. Now, the Trump administration will have 14 days to reply to the youth plaintiffs' answer before the Ninth Circuit panel makes its ruling. Before the Trump administration filed the mandamus petition, the district court had issued an order for trial to begin on Feb. 5, 2018 in Eugene, Oregon, with Judge Ann Aiken presiding.

Dr. Harold Wanless, an expert geologist for plaintiffs from the University of Miami who has done work on sea level rise for both defendants and Exxon, said in his declaration filed Monday:

"We are headed to catastrophic sea level rise a lot faster than we have anticipated. If we act now, we may not be able to save Naples and Miami and other low-lying regions. But if we do not act now, we have no chance to protect plaintiff Levi's barrier island, and we will also be heading towards losing Orlando and many other places presently above any projected sea level rise."

A declaration submitted by Levi Draheim, 10-year-old Florida resident and youth plaintiff in the case reads:

"I'm scared about how climate change impacts and ocean acidification will continue to harm the beaches and streams in Florida and the wildlife that inhabit them. I can already notice the beaches around me getting smaller because of sea level rise. The reason why I care so much is I basically grew up on the beach. It is like another mother, sort of, to me."

Julia Olson, co-lead counsel for plaintiffs and executive director of Our Children's Trust, avowed:

"What's clear is the burden of climate change impacts faced by our young plaintiffs far outweigh the federal government's exaggerated burden in participating in pretrial discovery. Even so, we have no interest in drawn out discovery and will work with attorneys from the DOJ to move this case expeditiously to trial in February."

Phil Gregory, co-lead counsel for plaintiffs and partner with Cotchett, Pitre & McCarthy, LLP, in Burlingame, California, said:

"The Fifth Amendment provides Americans the fundamental rights to personal security, property, life, and family autonomy and security. The federal court has decided that our youth plaintiffs have properly brought a complaint that the U.S. government's actions in causing climate change infringe upon those rights. Right now, the federal government is trying every trick to deny these youth access to a trial that will protect their rights. We are confident the courts will properly protect the youth of America from the growing climate crisis."

The Ninth Circuit invited the District Court of Oregon to answer the petition as well. In response, the District Court filed via a letter on August 25, referring to the issues presented by the youth's case as "vitally important." The letter, signed by federal Judge Ann Aiken and Magistrate Judge Thomas Coffin, affirmed:

"In short, we do not believe that the government will be irreversibly damaged by proceeding to trial. In our view, any error that we may have committed (or may commit in the future) can be corrected through the normal route of a direct appeal following final judgment. Indeed, we believe that permitting this case to proceed to trial will produce better results on appeal by distilling the legal and factual questions that can only emerge from a fully developed record."

The letter filed by the judges also recognized that the fossil fuel industry's broad denial of all allegations in the complaint was in part responsible for the original scope of the youth plaintiffs' discovery requests. The letter went on to conclude that the withdrawal of three trade association defendants from the case in June should allow the plaintiffs to substantially narrow their discovery requests.

Juliana v. United States was brought by 21 young plaintiffs, and Earth Guardians, who argue that their constitutional and public trust rights are being violated by the government's creation of climate danger. The 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.

Show Comments ()

EcoWatch Daily Newsletter

Sponsored
Popular
Sit-in at Rep. Hoyer's office. Sunrise Movement

1,000+ Youth Activists Storm Capitol to Demand Green New Deal

More than 1,000 climate activists with the youth-led Sunrise Movement stormed the U.S. Capitol in Washington and participated in sit-ins at Democratic leaders' offices on Monday.

The protesters demanded Reps. Nancy Pelosi, Steny Hoyer and Jim McGovern support Rep-elect Alexandria Ocasio-Cortez's proposal of a "select committee" for a Green New Deal before the winter recess.

Keep reading... Show less
Popular
The Stikine River runs through Wrangell, Alaska. Mining operations nearby threaten to poison fish in the Stikine watershed and destroy the traditions and livelihoods of Southeast Alaskan Tribes. Alaska Department of Fish and Game

Canada as Ugly Neighbor: Mines in BC Would Devastate Alaskan Tribes

By Ramin Pejan

Mining operations in Canada are threatening to destroy the way of life of Southeast Alaskan Tribes who were never consulted about the mines by the governments of Canada or British Columbia.

Keep reading... Show less
Business
Deforestation on peatland for palm oil plantation in Borneo, Indonesia. glennhurowitz / Flickr / CC BY-ND 2.0

World's Largest Palm Oil Trader Ramps Up Zero-Deforestation Efforts

The world's largest palm oil trader released plans on Monday to increase its efforts to eliminate deforestation from its supply chain.

Wilmar International, which supplies 40 percent of the world's palm oil, has teamed up with the sustainability consultancy Aidenvironment Asia to develop a comprehensive mapping database to better monitor the company's palm oil supplier group.

Keep reading... Show less
Popular
The Elkhorn Slough Reserve is one of California's few remaining coastal wetlands. Edmund Lowe Photography / Moment / Getty Images

New EPA Rule Would Sabotage Clean Water Act

By Jake Johnson

In a move environmentalists are warning will seriously endanger drinking water and wildlife nationwide, President Donald Trump's U.S. Environmental Protection Agency (EPA) is reportedly gearing up to hand yet another gift to big polluters by drastically curtailing the number of waterways and wetlands protected under the Clean Water Act.

Keep reading... Show less
Sponsored
Popular
James Braund / Getty Images

40 Acres of Farm Land in America Is Lost to Development Every Hour

By Brian Barth

Picture bulldozers plowing up pastures and cornfields to put in subdivisions and strip malls. Add to this picture the fact that the average age of the American farmer is nearly 60—it's often retiring farmers that sell to real estate developers. They can afford to pay much more for property than aspiring young farmers.

Keep reading... Show less
Energy

60,000 Liters of Oil Spills From Pipeline Into Brazilian Bay

About 60,000 liters (15,850 gallons) of oil spilled from a pipeline into the Estrela River and spread to Rio de Janeiro's famed Guanabara Bay over the weekend, according to Reuters and local reports.

The pipeline is owned by Transpetro, the largest oil and gas transportation company in Brazil, and a subsidiary of Petroleo Brasileiro (commonly known as Petrobras). Transpetro claims the leak resulted from an attempted robbery.

Keep reading... Show less
Sponsored
Popular
alvarez / E+ / Getty Images

Holiday Shoppers, the Planet Needs You to Take It Easy With Next-Day Shipping

By Jeff Turrentine

Back in 1966, the editors of Time indulged in a long-honored magazine tradition and published an essay in which experts made predictions about the future—in this case, the year 2000. By then, these experts prognosticated, a typical shopper "should be able to switch on to the local supermarket on the video phone, examine grapefruit and price them, all without stirring from her living room." But even so, they predicted, "remote shopping, while entirely feasible, will flop." Why? Because shoppers "like to get out of the house, like to handle the merchandise, like to be able to change their minds."

Keep reading... Show less
Climate
The Russia pavilion at the COP24 conference in Katowice, Poland. Beata Zawrzel / NurPhoto via Getty Images

COP24: U.S. Joins Saudi Arabia, Russia and Kuwait in Blocking Crucial Climate Report

The U.S. has thrown its hat in the ring with three other fossil-fuel friendly nations to block the COP24 talks from "welcoming" the landmark Intergovernmental Panel on Climate Change (IPCC) report that warned that we must reduce greenhouse gas emissions to 45 percent of 2010 levels by 2030 in order to limit warming to 1.5 degrees Celsius above pre-industrial levels, BBC News reported.

Keep reading... Show less
Sponsored

mail-copy

The best of EcoWatch, right in your inbox. Sign up for our email newsletter!