Quantcast
Popular
Young plaintiffs cheer outside a federal courthouse in Eugene, Oregon. Robin Loznak

'We'll See You in Court': Kids Climate Lawsuit Moves Forward After Judge Denies Trump

A federal court rejected the Trump administration's attempt to shut down a landmark lawsuit initiated by 21 young plaintiffs suing the government for its creation of climate danger.

The three-judge panel with the Ninth Circuit Court of Appeals in San Francisco denied the White House's writ of mandamus petition filed in June, a rarely used legal maneuver that would have dismissed Juliana v. United States.


In the unanimous decision Wednesday, Chief Judge Sidney R. Thomas called the petition a "drastic and extraordinary remedy reserved for really extraordinary causes" and the Trump administration's motion did not satisfy that standard.

"The issues that the defendants raise on mandamus are better addressed through the ordinary course of litigation," Thomas wrote, thus allowing the case to move forward.

"The Ninth Circuit just gave us the green light for trial," said Julia Olson, the chief legal counsel for Our Children's Trust, the organization spearheading the lawsuit. "We will ask the district court for a trial date in 2018 where we will put the federal government's dangerous energy system and climate policies on trial for infringing the constitutional rights of young people."

Juliana v. United States was filed in 2015 on behalf of 21 young people who argue that their constitutional and public trust rights are being violated by the government's failure to take significant action on global climate change.

The Center for Biological Diversity, one of many environmental organizations that filed an amicus brief in support of the suit, celebrated the news.

"This is a huge victory for young people fighting to protect their future from climate chaos," Kassie Siegel, the director of the Center for Biological Diversity's Climate Law Institute, said. "It should be the case that forces the government to reverse its stance on climate change and take the rapid, ambitious action we need."

The young plaintiffs are looking forward to seeing the case go to trial.

"I'm grateful that my fellow plaintiffs and I can have our voices heard, and that climate science can have its day in court," Victoria Barrett, an 18-year-old plaintiff from White Plains, New York, said. "The Trump administration tried to avoid trial, but they can't ignore us. Our future is our choice and I believe the courts will stand with our constitutional rights."

Kiran Oommen, a 21-year-old plaintiff from Seattle, Washington, added: "The question of the last few years has not been 'do we have a case' but rather 'how far will the federal government go to prevent justice.' We have seen that they are willing to go to many lengths to cover up their crimes and maintain the status quo, but not even the Trump administration can go far enough to escape the inevitable tide of social progress. The Ninth Circuit's decision affirms that we are on the side of justice, and for justice we are moving forward. We'll see you in court."

Show Comments ()
Sponsored
Health
Mark Doliner / CC BY-SA 2.0

110 Million Americans May Be Drinking PFAS-Contaminated Water

More than 1,500 drinking water systems across the country may be contaminated with the nonstick chemicals PFOA and PFOS, and similar fluorine-based chemicals, a new EWG analysis shows. This groundbreaking finding comes the same day the U.S. Environmental Protection Agency (EPA) is convening a summit to address PFAS chemicals—a class of toxic chemicals that includes PFOA and PFOS, and that are linked to cancer, thyroid disease, weakened immunity and other health problems.

Keep reading... Show less
Energy
Fern MacDougal's stand on Pocahontas Road. Appalachians Against Pipelines

Tree-Sitters Launch 9th Aerial Blockade of Mountain Valley Pipeline

Resistance is growing against the controversial Mountain Valley Pipeline (MVP) designed to carry fracked gas 300 miles from northwest West Virginia to southern Virginia.

On Monday morning, a woman named Fern MacDougal strung up a platform 30 feet in the air that is suspended by ropes tied to surrounding trees in Virginia's Jefferson National Forest.

Keep reading... Show less
Food
The Mediterranean diet emphasizes fruits, vegetables, whole grains and olive oil. G.steph.rocket / CC BY-SA 4.0

Can the Mediterranean Diet Protect You Against Air Pollution Health Risks?

Air pollution is a serious and growing public health concern. Ninety-five percent of the Earth's population breathes unsafe air, and scientists are discovering more and more health risks associated with doing so.

Keep reading... Show less
Climate
Increased ocean temperatures are causing Noctiluca scintillans to cause waves like these, photographed on a Japanese beach in 2017, to wash up on beaches in Mumbai. Doricono / CC BY-SA 4.0

Mumbai’s Glowing Waves a Sign of Climate Change

A recent study by Indian and U.S. scientists found that climate change might be the cause of an eerily beautiful phenomenon on Mumbai beaches, The Washington Post reported Monday.

Keep reading... Show less
Sponsored
Popular
Irma Omerhodzic

EPA Guard Shoves Reporter, Multiple News Outlets Blocked From Water Pollution Event

By Jessica Corbett

The U.S. Environmental Protection Agency (EPA) blocked reporters from CNN, E&E News and the Associated Press from attending a summit about water pollution on Tuesday, and a security guard reportedly grabbed a journalist by the shoulders and "forcibly" shoved her out of the building.

Keep reading... Show less
Climate
Simulated flooding caused by a Category 3 hurricane striking Theodore Roosevelt Island in Washington, DC. NPS

National Park Service Releases Climate Report That Officials Tried to Censor

The National Parks Service (NPS) quietly released a long-delayed report that mentions humanity's role in climate change, which officials had removed in earlier drafts.

The report, published Friday without a press release or any social media activity from the parks department or Interior Secretary Ryan Zinke, shows estimates of sea level change for 118 coastal national park sites and estimates of storm surge for 79 of the sites.

Keep reading... Show less
Sponsored
Climate
The Murphy oil site in West Adams, LA, sits as close as 200 feet from homes and playgrounds. Sarah Craig / Faces of Fracking / CC BY-NC-ND 2.0

Will Gov. Brown Plug the Dangerous Hole in California’s Climate Action?

By Kelly Trout

California Gov. Jerry Brown is gearing up to host leaders from state, tribal, and local governments, business and citizens from around the world at a Global Climate Action Summit in San Francisco this September. His goal is to "inspire deeper commitments" in support of the Paris agreement goals. He has emphasized that, on climate, "so far the response is not adequate to the challenge" and "no nation or state is doing what they should be doing."

Keep reading... Show less
Business
Alaska Airlines

Alaska Airlines Launches #StrawlessSkies Campaign

As part of its worldwide push "For a Strawless Ocean," Alaska Airlines announced Monday that its 44 million yearly passengers will fly in "strawless skies."

Starting July 16, the leading U.S. airline on the 2017 Dow Jones Sustainability Index will stop distributing single-use plastic stirring straws and citrus picks in its lounges and on its domestic and international flights. It is the the first U.S. airline to do so. The non-recyclable items, which the airline distributed 22 million of last year, will be replaced with Forest Stewardship Council certified birch stirring sticks and bamboo citrus pickers.

Keep reading... Show less
Sponsored

mail-copy

The best of EcoWatch, right in your inbox. Sign up for our email newsletter!