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
Monsanto, the maker of the glyphosate-based herbicide Roundup, filed a motion June 16 in U.S. District Court, Northern District of California to reconsider the chemical's addition to California's Proposition 65 list of agents known to cause cancer.
The agrochemical giant made this move based on a June 14 Reuters investigation of Dr. Aaron Blair, a lead researcher on the World Health Organization's International Agency for Research on Cancer (IARC) committee, that classified glyphosate as a "2A probable human carcinogen" in March 2015.
By Avery Friedman
Algae is often considered a nuisance, but for Sweden, the rapidly growing sea plant is now an asset.
As the Scandinavian country works to cut all of its greenhouse gas emissions by 2045, it's using algae to sop up the carbon emissions from cement.
By Itai Vardi
A recent intensification in protests against Williams Partners' planned Atlantic Sunrise pipeline in Pennsylvania prompted a state senator to propose legislation aimed at limiting demonstrations.
Last month, Pennsylvania Sen. Scott Martin (R-Norman) announced his intention to introduce legislation that would pass the costs of law enforcement responding to protests onto the demonstrators. Martin also helped introduce a different bill that would criminalize protests at natural gas facilities.
The so-called "first and last mile" problem is one of the biggest hurdles with public transportation. How do you encourage more people to take Earth-friendlier commutes when their homes are miles away from the train or bus station?
One solution, as this Estonian electric scooter company proposes, is to simply take your commute with you—literally. Tallinn-based Stigo has developed a compact e-scooter that folds to the size of a rolling suitcase in about two seconds.
[Editor's note: I'm still in shock after hearing the news that Lucia Grenna passed away in her sleep last week. When we first met in April of 2014 at a Copenhagen hotel, I was immediately taken by here powerful presence. We spent the next couple days participating in a Sustainia climate change event where Lucia presented her audacious plans to connect people to the climate issue. I had the chance to partner with Lucia on several other projects throughout the years and work with her incredible Connect4Climate team. I was always in awe of her ability to "make the impossible possible." Her spirit will live on forever. — Stefanie Spear]
It is with a heavy heart that Connect4Climate announces the passing of its founder and leading light, Lucia Grenna. Lucia passed peacefully in her sleep on June 15, well before her time. We remember her for her leadership and extraordinary ability to motivate people to take on some of the greatest challenges of our time, not least climate change.
By Stacy Malkan
Neil deGrasse Tyson has inspired millions of people to care about science and imagine themselves as participants in the scientific process. What a hopeful sign it is to see young girls wearing t-shirts emblazoned with the words, "Forget princess, I want to be an astrophysicist."
As Trevor Noah noted during The Daily Show episode last night (starts at 2:25), the real reason Trump has these rallies is to "get back in front of his loyal crowds and feed of their energy." Noah believes that "Trump supporters are so on board with their dude he can say anything and they'll come along for the ride."