Quantcast
Environmental News for a Healthier Planet and Life

Help Support EcoWatch

Groundbreaking Court Ruling Says State Must Address Climate Change, Thanks to Teen Lawsuit

Climate
Groundbreaking Court Ruling Says State Must Address Climate Change, Thanks to Teen Lawsuit

In an unprecedented decision, a judge in Washington State has ruled in favor of a group of young people who filed a lawsuit last year asking that the state be required to develop a science-based plan for limiting carbon emissions in order to protect the climate for future generations.

Plaintiffs celebrate after their court victory in Washington state. Photo credit: Our Children's Trust

The lawsuit, Zoe & Stella Frazier v. Washington Department of Ecology, was brought last year by eight teens and preteens, the youngest nine years old, who filed a petition last June with the Department of Ecology, requesting that it develop a rule "to recommend to the legislature an effective emissions reduction trajectory that is based on best available climate science and will achieve safe atmospheric concentrations of carbon dioxide by 2100."

"Youth petitioners hereby submit this petition for rulemaking on behalf of themselves, the citizens of the State of Washington, and present and future generations of children," it said.

Last August, the Department of Ecology denied the petition although it did not deny the scientific basis for it. The petitioners filed an appeal, arguing that they had a right to grow up in a healthy environment. King County Superior Court Judge Hollis Hill agreed with them and ordered the Department of Ecology to reconsider their petition and report back to the court by July 8 whether it will consider the science necessary to climate recovery.

“Washington State’s existing statutory limits should be adjusted to better reflect the current science," wrote Hill in her decision. "The limits need to be more aggressive in order for Washington to do its part to address climate risks.”

The plaintiffs' attorney, Andrea Rodgers of the Western Environmental Law Center, pointed to the groundbreaking nature of the decision.

Read page 1

“The effect of this decision is that for the first time in the U.S., a court of law has ordered a state agency to consider the most current and best available climate science when deciding to regulate carbon dioxide emissions," she said. "The court directed Ecology to apply the agency’s own findings that climate change presents an imminent threat to Washington and demands immediate action. The ball is now in Ecology’s court to do the right thing and protect our children and future generations.”

In a footnote to her order, Judge Hill explained why she rejected the Department of Ecology's plan to delay acting on emissions.

"Ecology suggests no change in greenhouse gas reduction standards until after an international climate conference scheduled in Paris in December 2015, thus delaying action for at least a year from the date of the report or one year and five months after the report’s original due date," she wrote. "Neither in its briefing nor in oral argument of this appeal did the department seek to justify this suggested delay. The report itself states that after the Paris conference Washington would be better informed how the state’s limits should be adjusted.”

The organization Our Children's Trust is spearheading such actions around the country, filing lawsuits on behalf of youth plaintiffs in every state. It also joined with two nonprofits to file a federal lawsuit but the U.S. Supreme Court declined to hear the case. And it was unsuccessful in Oregon recently where a judge ruled in May that the state has no responsibility to care for the natural environment or the atmosphere for future generations in a case brought by teenagers Kelsey Juliana and Olivia Chernaik.

"If this judge is right that the sustainability of our atmosphere is merely a question for political debate and disagreement, rather than an inherent constitutional right of all citizens and future generations, then we are in real trouble,” said Juliana. “This opinion sends a devastating message to all citizens that none of the three branches of government can be trusted to ensure our future. The courts must enforce our right to a healthy atmosphere and stable climate for all future generations.”

That decision is being appealed while the Washington victors celebrate the first of what advocates like Our Children's Trust hope will be a string of wins.

“Kids understand the threats climate change will have on our future,” said 13-year-old plaintiff  Zoe Foster. “I’m not going to sit by and watch my government do nothing. We don’t have time to waste. I’m pushing my government to take real action on climate, and I won’t stop until change is made.”

YOU MIGHT ALSO LIKE

Teens Sue Government for Failing to Address Climate Change for Future Generations

Pope's Encyclical Proves We Have an 'Unshakeable Moral Imperative to Act on Climate Change'

Hillary Clinton: Climate Change Is 'One of the Defining Threats of Our Time'

54% of parents with school-age children expressed concern that their children could fall behind academically, according to a poll conducted over the summer of 2020. Maria Symchych-Navrotska / Getty Images

By Pamela Davis-Kean

With in-person instruction becoming the exception rather than the norm, 54% of parents with school-age children expressed concern that their children could fall behind academically, according to a poll conducted over the summer of 2020. Initial projections from the Northwest Evaluation Association, which conducts research and creates commonly used standardized tests, suggest that these fears are well-grounded, especially for children from low-income families.

Read More Show Less

EcoWatch Daily Newsletter

A teenager reads a school English assignment at home after her school shut down because of the COVID-19 pandemic on March 22, 2020 in Brooklyn, New York. Andrew Lichtenstein / Corbis via Getty Images

The pandemic has affected everyone, but mental health experts warn that youth and teens are suffering disproportionately and that depression and suicide rates are increasing.

Read More Show Less

Trending

In an ad released by Republican Voters Against Trump, former coronavirus task force member Olivia Troye roasted the president for his response. Republican Voters Against Trump / YouTube

Yet another former Trump administration staffer has come out with an endorsement for former Vice President Joe Biden, this time in response to President Donald Trump's handling of the coronavirus pandemic.

Read More Show Less
Climate Group

Every September for the past 11 years, non-profit the Climate Group has hosted Climate Week NYC, a chance for business, government, activist and community leaders to come together and discuss solutions to the climate crisis.

Read More Show Less
A field of sunflowers near the Mehrum coal-fired power station, wind turbines and high-voltage lines in the Peine district of Germany on Aug. 3, 2020. Julian Stratenschulte / picture alliance via Getty Images

By Elliot Douglas

The coronavirus pandemic has altered economic priorities for governments around the world. But as wildfires tear up the west coast of the United States and Europe reels after one of its hottest summers on record, tackling climate change remains at the forefront of economic policy.

Read More Show Less

Support Ecowatch