Quantcast
Environmental News for a Healthier Planet and Life

Help Support EcoWatch

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

Pexels

By Shawna Foo

Anyone who's tending a garden right now knows what extreme heat can do to plants. Heat is also a concern for an important form of underwater gardening: growing corals and "outplanting," or transplanting them to restore damaged reefs.

Read More Show Less
Malte Mueller / Getty Images

By David Korten

Our present course puts humans on track to be among the species that expire in Earth's ongoing sixth mass extinction. In my conversations with thoughtful people, I am finding increasing acceptance of this horrific premise.

Read More Show Less
Women sort potatoes in the Andes Mountains near Cusco Peru on July 7, 2014. Thomas O'Neill / NurPhoto / Getty Images

By Alejandro Argumedo

August 9 is the International Day of the World's Indigenous Peoples – a celebration of the uniqueness of the traditions of Quechua, Huli, Zapotec, and thousands of other cultures, but also of the universality of potatoes, bananas, beans, and the rest of the foods that nourish the world. These crops did not arise out of thin air. They were domesticated over thousands of years, and continue to be nurtured, by Indigenous people. On this day we give thanks to these cultures for the diversity of our food.

Read More Show Less
A sand tiger shark swims over the USS Tarpon in Monitor National Marine Sanctuary. Tane Casserley / NOAA

By John R. Platt

Here at The Revelator, we love a good shark story.

The problem is, there aren't all that many good shark stories. According to recent research, sharks and their relatives represent one of the world's most imperiled groups of species. Of the more than 1,250 known species of sharks, skates, rays and chimeras — collectively known as chondrichthyan fishes — at least a quarter are threatened with extinction.

Read More Show Less
The Anderson Community Group. Left to right, Caroline Laur, Anita Foust, the Rev. Bryon Shoffner, and Bill Compton, came together to fight for environmental justice in their community. Anderson Community Group

By Isabella Garcia

On Thanksgiving Day 2019, right after Caroline Laur had finished giving thanks for her home, a neighbor at church told her that a company had submitted permit requests to build an asphalt plant in their community. The plans indicated the plant would be 250 feet from Laur's backdoor.

Read More Show Less
Berber woman cooks traditional flatbread using an earthen oven in her mud-walled village home located near the historic village of Ait Benhaddou in Morocco, Africa on Jan. 4, 2016. Creative Touch Imaging Ltd. /NurPhoto / Getty Images

By Danielle Nierenberg and Jason Flatt

The world's Indigenous Peoples face severe and disproportionate rates of food insecurity. While Indigenous Peoples comprise 5 percent of the world's population, they account for 15 percent of the world's poor, according to the World Health Organization.

Read More Show Less

Trending

Danny Choo / CC BY-SA 2.0

By Olivia Sullivan

One of the many unfortunate outcomes of the coronavirus pandemic has been the quick and obvious increase in single-use plastic products. After COVID-19 arrived in the United States, many grocery stores prohibited customers from using reusable bags, coffee shops banned reusable mugs, and takeout food with plastic forks and knives became the new normal.

Read More Show Less