Quantcast

Historic Victory: 4 Teenagers Win in Massachusetts Climate Change Lawsuit

Climate

The Massachusetts Supreme Judicial Court found in favor of four youth plaintiffs, the Conservation Law Foundation and Mass Energy Consumers Alliance Tuesday in the critical climate change case, Kain et al. v. Massachusetts Department of Environmental Protection (DEP).

Kain v. Massachusetts Department of Environmental Protection hearing on Jan. 8.

The court found that the DEP was not complying with its legal obligation to reduce the state's greenhouse gas emissions and ordered the agency to “promulgate regulations that address multiple sources or categories of sources of greenhouse gas emissions, impose a limit on emissions that may be released ... and set limits that decline on an annual basis."

“This is an historic victory for young generations advocating for changes to be made by government. The global climate change crisis is a threat to the well being of humanity, and to my generation, that has been ignored for too long," youth plaintiff Shamus Miller, age 17, said.

“Today, the Massachusetts Supreme Court has recognized the scope and urgency of that threat and acknowledges the need for immediate action to help slow the progression of climate change. There is much more to be done both nationally and internationally but this victory is a step in the right direction and I hope that future efforts have similar success."

In 2012, hundreds of youth petitioned the DEP asking the agency to comply with the Global Warming Solutions Act (GWSA) and adopt rules reducing the state's greenhouse gas emissions, but that petition was denied. As a result of DEP's reluctance to comply with the GWSA, youth filed this case arguing that the DEP failed to promulgate the regulations required by Section 3(d) of the GWSA establishing declining annual levels of greenhouse gas emissions.

Massachusetts is not on track to meet its 2020 greenhouse gas reduction goal of 25 percent below 1990 levels—a fact that is directly related to DEP's failure to issue the required regulations. The plaintiffs are working to ensure that Massachusetts is complying with the law and doing everything necessary to protect their constitutional and public trust rights to clean air, a healthy atmosphere and a stable climate system.

“In agreeing with the youth plaintiffs in this case, the Massachusetts Supreme Judicial Court joins growing global judicial recognition of youth's rights to demand that their governments act in accordance with the urgency of the climate change crisis," Julia Olson, executive director and chief legal counsel at Our Children's Trust, said.

“Youth around the country and internationally are bringing their governments to court to secure their rights to a healthy atmosphere and stable climate. Today, the Massachusetts Supreme Judicial Court called Massachusetts to task and underscored the need to take significant action now, so youth are not unfairly consigned to a disproportionately bleak future should we fail to address the most important and time sensitive issue of our time."

This win follows two other recent landmark wins in youth-led lawsuits against the federal government and the state of Washington.

Watch Eshe Sherley explain why she was involved in this lawsuit:

YOU MIGHT ALSO LIKE

Will the Arctic Be Ice-Free Within the Next Two Decades?

Baby Bison Dies After Tourists Put It in Their Car Because It Looked Cold

Noam Chomsky: Climate Change and Nuclear Proliferation Pose Worst Threat Ever Faced by Humans

Nebraska Farmers Sue Monsanto Alleging Roundup Gave Them Cancer

EcoWatch Daily Newsletter

The icebreaker Polar Star in Antarctica. Ville Miettinen / The Revelator / CC BY-NC 2.0

By Tara Lohan

Part of Joellen Russell's job is to help illuminate the deep darkness — to shine a light on what's happening beneath the surface of the ocean. And it's one of the most important jobs in the world right now.

Read More
Psychedelic mushrooms are currently classified as a Schedule I drug by the FDA, and possession is a felony nationwide. juriskraulis / iStock / Getty Images

A single experience with "magic mushrooms" has long-lasting effects on cancer patients, according to a new study that found patients still felt positive benefits five years later, as CNN reported.

Read More
Sponsored
Democratic presidential candidate, former Vice President Joe Biden speaks during a campaign town hall meeting at Vista Grande Jan. 28 in Clinton, Iowa. The Iowa caucuses are February 3. Chip Somodevilla / Getty Images

Joe Biden put his hand on the chest of an Iowa voter and told the man to vote for someone else when the voter asked the former vice president about his plans to replace gas pipelines, The Independent reported.

Read More
Greening the barren mountain has helped recharge groundwater levels in the villages. Photo by Gurvinder Singh. Mongabay India

By Gurvinder Singh

Jamini Mohan Mahanty is out for a morning walk every day. At 91, he is hale and hearty. A resident of Jharbagda village in Purulia district, West Bengal, Mahanty thanks the "green mountain" in his village for having added some extra years to his life.

Read More
A wild Woodland Bison walks in the Arctic wilderness. RyersonClark / iStock / Getty Images Plus

By Paul Brown

Releasing herds of large animals onto the tundra − rewilding the Arctic − to create vast grasslands could slow down global heating by storing carbon and preserving the permafrost, UK scientists say.

Read More