Quantcast
Environmental News for a Healthier Planet and Life

Help Support EcoWatch

Fossil Fuel Industry Granted Defendant Status in Youths’ Landmark Climate Lawsuit

Climate
Fossil Fuel Industry Granted Defendant Status in Youths’ Landmark Climate Lawsuit

Magistrate Judge Thomas Coffin of the federal District Court in Oregon granted defendant status Wednesday to three trade associations, representing nearly all of the world's largest fossil fuel companies. The three associations had moved to intervene in the constitutional climate change lawsuit brought by 21 young people from around the country.

The newly named trade association defendants are the American Fuel and Petrochemical Manufacturers (AFPM)—representing ExxonMobil, BP, Shell, Koch Industries, and virtually all other U.S. refiners and petrochemical manufacturers, American Petroleum Institute (API)—representing 625 oil and natural gas companies, and the National Association of Manufacturers (NAM).

“We believe Judge Coffin was wise to allow the fossil fuel industry into our constitutional case," Philip Gregory of Cotchett, Pitre & McCarthy who serves as an attorney for the young plaintiffs said. “The fossil fuel industry would not want to be in court unless it understood the significance of our case. This litigation is a momentous threat to fossil fuel companies. They are determined to join the federal government to defeat the constitutional claims asserted by these youth plaintiffs. The fossil fuel industry and the federal government lining up against 21 young citizens. That shows you what is at stake here."

The fossil fuel powerhouses call the youth's case “extraordinary" and “a direct, substantial threat to [their] businesses." During Wednesday's hearing, the industry argued that a decision in favor of plaintiffs on their legal claims will require a significant restructuring of the fossil fuel business model, such as potentially invalidating thousands of leases for fossil fuel extraction and development.

“A finding of liability will necessarily lead to a remedy that will necessarily impact" the trade association members, said Quin Sorenson of Sidley Austin, counsel for AFPM, API and NAM. Sorenson went on to argue that if the federal defendants are found liable for constitutional or public trust violations, that finding would in essence be a finding that the U.S. had acted unlawfully in permitting the fossil fuel activities of the associations' member companies.

Judge Coffin agreed that a decision in the plaintiffs' favor would impact the interests of the fossil fuel intervenors. As a result, Judge Coffin wants to have the key interested parties in the courtroom should the case proceed to trial. Counsel for the trade associations confirmed the groups represent nearly every fossil fuel related company in America. In response to the court's questioning, the three trade associations stated they would all speak with “one unified voice" during the litigation.

“We are prepared to take on the world's largest fossil fuel polluters, including Exxon and Koch Industries, alongside the federal defendants," Julia Olson, executive director for Our Children's Trust and counsel in the litigation, said.

“This case asks the court to order what the industry fears most: a national plan using the best science to leave a nation of clean air and a healthy climate to our kids. These trade groups will now have to face the science-based evidence in a courtroom, not in the halls of Congress where their lobbying dollars hold the most clout. We are confident these young people and our team of internationally-recognized scientists will present evidence supporting a court-ordered national climate plan."

In their lawsuit, the young plaintiffs assert the federal government violated their constitutional rights to life, liberty and property by allowing and facilitating the exploitation of fossil fuels. The youth have asked the court to order the federal government to prepare and implement a science-based national climate recovery plan.

The judge granted the intervenors the opportunity to supplement the government's Motion to Dismiss, gave the youth plaintiffs ample time to respond and has set oral argument on all Motions to Dismiss for March 9 at 10 a.m. PT in Eugene, Oregon.

Watch this video to learn more about the plaintiffs:

YOU MIGHT ALSO LIKE

Was Canada's Latest Earthquake the Largest Fracking Quake in the World?

Renewables Saw More Money Invested and More Capacity Added in 2015 Than Ever Before

Human Emissions Will Delay Next Ice Age by 50,000 Years, Study Says

Solar Energy Fight Heats Up in Nevada

A crowd of climate activists march behind a banner in NYC during Climate Week on September 20, 2020. Erik McGregor / LightRocket / Getty Images

By Breanna Draxler

After decades on the political periphery, the climate movement is entering the mainstream in 2020, with young leaders at the fore. The Sunrise Movement now includes more than 400 local groups educating and advocating for political action on climate change. Countless students around the world have clearly communicated what's at stake for their futures, notably Swedish activist Greta Thunberg, who just finished her yearlong school strike for climate. Youth activists have been praised for their flexible, big-picture thinking and ability to harness social media to deliver political wins, as Sunrise recently did for U.S. Sen. Ed Markey's primary campaign. They necessarily challenge the status quo.

Read More Show Less

EcoWatch Daily Newsletter

Presidential nominee Joe Biden has not taken a stance on gas exports, including liquefied natural gas. Ken Hodge / Wikimedia Commons / CC by 2.0

By Simon Montlake

For more than a decade, Susan Jane Brown has been battling to stop a natural gas pipeline and export terminal from being built in the backcountry of Oregon. As an attorney at the nonprofit Western Environmental Law Center, she has repeatedly argued that the project's environmental, social, and health costs are too high.

All that was before this month's deadly wildfires in Oregon shrouded the skies above her home office in Portland. "It puts a fine point on it. These fossil fuel projects are contributing to global climate change," she says.

Read More Show Less

Trending

Eating lots of fruits and vegetables will boost the immune system. Stevens Fremont / The Image Bank / Getty Images

By Grayson Jaggers

The connection between the pandemic and our dietary habits is undeniable. The stress of isolation coupled with a struggling economy has caused many of us to seek comfort with our old friends: Big Mac, Tom Collins, Ben and Jerry. But overindulging in this kind of food and drink might not just be affecting your waistline, but could potentially put you at greater risk of illness by hindering your immune system.

Read More Show Less
A graphic shows how Rhoel Dinglasan's smartphone-based saliva test works. University of Florida

As the world continues to navigate the line between reopening and maintaining safety protocols to slow the spread of the coronavirus, rapid and accurate diagnostic screening remains critical to control the outbreak. New mobile-phone-based, self-administered COVID-19 tests being developed independently around the world could be a key breakthrough in making testing more widely available, especially in developing nations.

Read More Show Less
A meteorologist monitors weather in NOAA's Center for Weather and Climate Prediction on July 2, 2013 in Riverdale, Maryland. Mark Wilson / Getty Images

The Trump White House is now set to appoint two climate deniers to the National Oceanic and Atmospheric Administration (NOAA) in one month.

Read More Show Less

Support Ecowatch