Fossil Fuel Industry Files Motion to Intervene in Landmark Climate Lawsuit
They can't even vote yet, but a significant climate change lawsuit filed against the Federal Government by young people from around the country just got the attention of the powerful fossil fuel industry.
Yesterday, nearly every oil and gas company in the world asked for permission to oppose the landmark climate lawsuit brought against President Obama and the federal government by America’s youth and Dr. James E. Hansen—as guardian for future generations. In an unusual step, the immense fossil fuel industry trade groups all filed pleadings in the U.S. District Court for the District of Oregon seeking to join the lawsuit side by side with President Obama to protect their companies’ interests.
The proposed interveners constitute a veritable who’s who of major corporate polluters, including the American Fuel and Petrochemical Manufacturers (representing members ExxonMobil, BP, Shell, Koch Industries, and virtually all other U.S. refiners and petrochemical manufacturers), American Petroleum Institute (representing 625 oil and natural gas companies) and National Association of Manufacturers.
“The largest, best funded fossil fuel heavyweights want the court to protect their wallets over ensuring a habitable country for these young plaintiffs and future generations,” commented Philip Gregory of Cotchett, Pitre & McCarthy, counsel to the plaintiffs. “As the recent disclosures by Exxon reveal, our government and the fossil fuel industry have known for decades that fossil fuel extraction, production and consumption would destroy our climate in the upcoming decades. That is why this case is significant: a court needs to order our government to protect our kids and future generations.”
The lawsuit asserts the federal government has violated the youngest generation’s constitutional rights to life, liberty and property. It also claims the government failed to protect essential public trust resources by facilitating the exploitation of fossil fuels. The youth have asked the courts to order the federal government to prepare and implement a science-based national climate recovery plan.
The fossil fuel powerhouses call the youth’s case “extraordinary” and “a direct threat to [their] businesses.” They claim “significant reduction in [greenhouse gas] emissions would cause a significant negative effect on [their] members by constraining the sale of the product they have specialized in developing and selling.”
“The biggest fossil fuel polluters on the planet, including Exxon and Koch Industries, just asked the court for permission to argue that young people don’t have a constitutional right to life if it means reducing fossil fuel use,” said Julia Olson, executive director for Our Children’s Trust and lead counsel on the litigation. “With the president on his way to the UN Climate Talks in Paris later this month, a renewed alignment between our government and the fossil fuel industry could not be less welcome. This case asks the court to order what the industry fears most: a national plan using the best science we’ve got to try to leave clean air and a healthy climate to our kids.”
In seeking to join the case, the fossil fuel Industry argues that the court should focus on short-term economic benefits over a stable climate. The industry claims that “reducing greenhouse gas emissions in order to bring atmospheric carbon dioxide levels down to 350 parts per million would abate some of the future risks of climate change, those reductions would nevertheless not be ‘appropriate’ if the future potential benefits would be outweighed by, for instance, enormous losses in productivity and economic development.”
The groups claim the fossil fuel companies “possess legally protectable interests in their members’ economic interests and legal rights in current and future contracts and transactions.” The trade groups assert the youth’s constitutional rights to breathe clean air do not trump the industry’s “concrete interests in the production, refining, and use of conventional fuels in the United States, as well as in stable and competitive energy prices.”
These young plaintiffs are challenging the federal government’s national fossil fuel programs, as well as the 1992 Energy Policy Act and the export permit for the proposed Jordan Cove LNG export terminal in Coos Bay, Oregon. Plaintiffs seek to hold President Obama and various federal agencies responsible for continued fossil fuel exploitation. Plaintiffs seek a court order requiring the president to immediately implement a national plan to decrease atmospheric concentrations of carbon dioxide to a safe level: 350 ppm by the year 2100. This case places indisputable climate science squarely in front of the federal judiciary, requesting an order that our government cease jeopardizing the climate system to the detriment of present and future generations.
“Big Oil is starting to lose control of our political system,” declared Alex Loznak, a youth plaintiff in the case from Oregon. “Last week, President Obama rejected the Keystone XL pipeline, and New York State began to investigate Exxon's cover-up of climate science. The intervention of fossil fuel companies in our lawsuit against the federal government makes it clear that the industry is scared. As Mahatma Gandhi once said, 'First they ignore you, then they laugh at you, then they fight you, then you win.' The fight has begun, and we will win.”
“Seeing giant fossil fuel corporations inject themselves into this case, which is about our future, really demonstrates the problem we are trying to fix,” stated Xiuhtezcatl Tonatiuh Martinez of Earth Guardians, a youth plaintiff in the case from Colorado. “The Federal government has been making decisions in the best interest of multinational corporations and their profits, but not in the best interest of my generation and those to come. Instead of changing their business model to meet the scientific reality of climate change, these companies are demanding we adapt to an uninhabitable world that supports their profits. When you compare the two, I think it’s clear that our right to clean air and a healthy atmosphere, is more important than their “need” to make money off destroying our future.”
Nonetheless, the fossil fuel groups do not address in their pleadings the plaintiffs' constitutional claims, and though challenging the youth's standing to raise their claims, ignores the youth’s detailed description in their complaint of how each youth plaintiff is and will be harmed by the government’s actions and inactions.
“The science is clear,” said Dr. James Hansen. “To preserve a climate system conducive to humanity and nature alike, the burning of fossil fuel must be phased out without further delay, and completed within decades. It is the fundamental duty of our government to ensure that this is done in time to avert catastrophic sea level rise and other intolerable climate damage. I am not surprised that fossil fuel corporations seek to derail this case, but the fundamental rights of my granddaughter and future generations to life, liberty and pursuit of happiness must prevail.”
YOU MIGHT ALSO LIKE
EcoWatch Daily Newsletter
Mangroves play a vital role in capturing carbon from the atmosphere. Mangrove forests are tremendous assets in the fight to stem the climate crisis. They store more carbon than a rainforest of the same size.
- Protecting Mangroves Can Prevent Billions of Dollars in Global ... ›
- Could the 'Mangrove Effect' Save Coasts From Sea Level Rise ... ›
Monday is World Oceans Day, but how can you celebrate our blue planet while social distancing?
- 5 Things to Know About Earth's Warming Oceans - EcoWatch ›
- Bioluminescent Waves Mesmerize California Beachgoers, Surfers ... ›
- NOAA: 2020 Could Be Warmest Year on Record - EcoWatch ›
- On June 8, We Celebrate Our Oceans, Our Future - EcoWatch ›
- 5 Things to Know About the State of Our Oceans for World Oceans Day ›
By Jacob L. Steenwyk and Antonis Rokas
From the mythical minotaur to the mule, creatures created from merging two or more distinct organisms – hybrids – have played defining roles in human history and culture. However, not all hybrids are as fantastic as the minotaur or as dependable as the mule; in fact, some of them cause human diseases.
When Looking Through a Microscope Isn’t Close Enough.<p>For the last few years, <a href="http://www.rokaslab.org/" target="_blank">our team at Vanderbilt University</a>, <a href="https://www.researchgate.net/lab/Gustavo-Goldman-Lab" target="_blank">Gustavo Goldman's team at São Paulo University in Brazil</a> and many other collaborators around the world have been collecting samples of fungi from patients infected with different species of <em>Aspergillus</em> molds. One of the species we are particularly interested in is <a href="https://doi.org/10.1006/rwgn.2001.0082" target="_blank"><em>Aspergillus nidulans</em>, a relatively common and generally harmless fungus</a>. Clinical laboratories typically identify the species of <em>Aspergillus</em> causing the infection by examining cultures of the fungi under the microscope. The problem with this approach is that very closely related species of <em>Aspergillus</em> tend to look very similar in their broad morphology or physical appearance when viewing them through a microscope.</p><p>Interested in examining the varying abilities of different <em>A. nidulans</em> strains to cause disease, we decided to analyze their total genetic content, or genomes. What we saw came as a total surprise. We had not collected <em>A. nidulans</em> but <em>Aspergillus latus</em>, a close relative of <em>A. nidulans</em> and, as we were to soon find out, <a href="https://doi.org/10.1016/j.cub.2020.04.071" target="_blank">a hybrid species that evolved through the fusion of the genomes</a> of two other <em>Aspergillus</em> species: <em>Aspergillus spinulosporus</em> and an unknown close relative of <em>Aspergillus quadrilineatus</em>. Thus, we realized not only that these patients harbored infections from an entirely different species than we thought they were, but also that this species was the first ever <em>Aspergillus</em> hybrid known to cause human infections.</p>
Several Different Fungal Hybrids Cause Human Disease.<p>Hybrid fungi that can cause infections in humans are well known to occur in several different lineages of single-celled fungi known as yeasts. Notable examples include multiple different species of <a href="https://doi.org/10.1002/yea.3242" target="_blank">yeast hybrids</a> that cause the human diseases <a href="https://rarediseases.info.nih.gov/diseases/6218/cryptococcosis" target="_blank">cryptococcosis</a> and <a href="https://www.cdc.gov/fungal/diseases/candidiasis/index.html" target="_blank">candidiasis</a>. Although pathogenic yeast hybrids are well known, our discovery that the <em>A. latus</em> pathogen is a hybrid is a first for molds that cause disease in humans.</p>
(Left) Candida yeasts live on parts of the human body. Imbalance of microbes on the body can allow these yeasts, some of which are hybrids, to grow and cause infection. (Right) Cryptococcus yeasts, including ones that are hybrids, can cause life-threatening infections in primarily immunocompromised people. Centers for Disease Control and Prevention<p><a href="https://doi.org/10.1371/journal.ppat.1008315" target="_blank">Why certain <em>Aspergillus</em> species are so deadly</a> while others are harmless remains unknown. This may in part be because <a href="https://doi.org/10.1016/j.fbr.2007.02.007" target="_blank">combinations of traits, rather than individual traits</a>, underlie organisms' ability to cause disease. So why then are hybrids frequently associated with human disease? Hybrids inherit genetic material from both parents, which may result in new combinations of traits. This may make them more similar to one parent in some of their characteristics, reflect both parents in others or may differ from both in the rest. It is precisely this mix and match of traits that hybrids have inherited from their parental species that <a href="https://www.nytimes.com/2010/09/14/science/14creatures.html" target="_blank">facilitates their evolutionary success</a>, including their ability to cause disease.</p>
The Evolutionary Origin of an Aspergillus Hybrid.<p>Multiple evolutionary paths can lead to the emergence of hybrids. One path is through mating, just as the horse and donkey mate to create a mule. Another path is through the merging or fusion of genetic material from cells of different species.</p><p>It is this second path that appears to have been taken by our fungus. <em>A. latus</em> appears to have two of almost everything compared to its parental species: twice the genome size, twice the total number of genes and so on. But unlike other hybrids, which are often sterile like the mule, we found that <em>A. latus</em> is capable of reproducing both asexually and sexually.</p><p>But how distinct were the parents of <em>A. latus</em>? By comparing the parts contributed by each parent in the <em>A. latus</em> genome, we estimate that its parents are approximately 93% genetically similar, which is about as related as we humans are with lemurs. In other words, <em>A. latus</em>, an agent of infectious disease, is the fungal equivalent of a human-lemur hybrid.</p>
How A. Latus Differs From its Parents.<p>Elucidating the identity of closely related fungal pathogens and how they differ from each other in infection-relevant characteristics is a key step toward reducing the burden of fungal disease. For example, we found that <em>A. latus</em> was three times more resistant than <em>A. nidulans</em>, the species it was originally identified as using microscopy-based methods, to one of the most common antifungal drugs, <a href="https://www.drugbank.ca/drugs/DB00520" target="_blank">caspofungin</a>. This result provides a clear example of the potential importance of accurate identification of the <em>Aspergillus</em> pathogen causing an infection.</p><p>We also examined how <em>A. latus</em> and <em>A. nidulans</em> interact with cells from our immune system. We found that immune cells were less efficient at combating <em>A. latus</em> compared to <em>A. nidulans</em>, suggesting the hybrid fungus may be trickier for our immune systems to identify and destroy.</p><p>In the midst of the COVID-19 pandemic, our quest to understand <em>Aspergillus</em> pathogens is becoming more urgent. Growing evidence suggests that <a href="https://doi.org/10.1111/myc.13096" target="_blank">a fraction of COVID-19 patients are also infected with <em>Aspergillus</em>.</a> More worrying is that these <a href="https://doi.org/10.3201/eid2607.201603" target="_blank">secondary <em>Aspergillus</em> infections</a> can worsen the clinical outcomes for those infected with the novel coronavirus. That being said, we stress that little is known about <em>Aspergillus</em> infections in COVID-19 patients due to a lack of systematic testing, and none of the infections identified so far appear to have been caused by hybrids.</p><p>So, when it comes to hybrids, some are fantastic (the minotaur), some are helpful (the mule) and some are dangerous (<em>Aspergillus latus</em>). Understanding more about the biology of <em>Aspergillus latus</em> may help in our understanding of how microbial pathogens arise and how to best prevent and combat their infections.</p>
This Saturday, June 6, marks National Trails Day, an annual celebration of the remarkable recreational, scenic and hiking trails that crisscross parks nationwide. The event, which started in 1993, honors the National Trail System and calls for volunteers to help with trail maintenance in parks across the country.
- As Protests Rage, Climate Activists Embrace Racial Justice ... ›
- First-Ever Black Birders Week Tackles Racism Outdoors - EcoWatch ›
- 15 EcoWatch Stories on Environmental and Racial Injustice ... ›
- Take a Hike Day Is Around the Bend. What's Your Dream Hike ... ›
By John Letzing
This past Wednesday, when some previously hard-hit countries were able to register daily COVID-19 infections in the single digits, the Navajo Nation – a 71,000 square-kilometer (27,000-square-mile) expanse of the western US – reported 54 new cases of what's referred to locally as "Dikos Ntsaaígíí-19."
The Navajo Nation covers the corners of three different states. Google Maps
Growing Contribution<img lazy-loadable="true" src="https://assets.rebelmouse.io/eyJhbGciOiJIUzI1NiIsInR5cCI6IkpXVCJ9.eyJpbWFnZSI6Imh0dHBzOi8vYXNzZXRzLnJibC5tcy8yMzM3NDY5Ny9vcmlnaW4ucG5nIiwiZXhwaXJlc19hdCI6MTY0NjM4MTgyM30.IuQTKQs1stvYYKD6vaVTrqAyoBsUG0BhDvlhxsyKwPA/img.png?width=980" id="02a05" class="rm-shortcode" data-rm-shortcode-id="2841f82b1785df5d5ed7bf64d3bb882b" data-rm-shortcode-name="rebelmouse-image" />
World Economic Forum
- Black and Hispanic Americans Suffer Disproportionate Coronavirus ... ›
- Native American Tribes' Pandemic Response Is Hindered by ... ›
- Navajo Nation Has Highest Covid-19 Infection Rate in the U.S. ... ›
World Environment Day: A Time to Consider the Planet We’ll Return To, and Decide How to Care for It Going Forward
It's a different kind of World Environment Day this year. In prior years, it might have been enough to plant a tree, spend some extra time in the garden, or teach kids the importance of recycling. This year we have heavier tasks at hand. It's been months since we've been able to spend sufficient time outside, and as we lustfully watch the beauty of a new spring through our kitchen's glass windows, we have to decide how we'll interact with the natural world on our release, and how we can prevent, or be equipped to handle, future threats against our wellbeing.
Scuba divers around the world are holding their metaphorical breath to see if a coronavirus infection affects the ability to dive.
DAN medical experts explained the difference between normal lungs, on the left, and "very serious lungs caused by COVID-19," on the right. Matias Nochetto / Divers Alert Network (DAN)
- How the COVID-19 Coronavirus Attacks the Entire Body - EcoWatch ›
- What Does 'Recovered From Coronavirus' Mean? - EcoWatch ›
- Scuba Divers Make Face Masks out of Recycled Ocean Plastic ... ›