Quantcast
Popular
Banner created by Alliance for Climate Education

Fossil Fuel Associations Scramble to Quit Kids Climate Lawsuit Before Discovery Deadline

In an unusual procedural move, the American Petroleum Institute (API) and American Fuel & Petrochemical Manufacturers filed motions Thursday requesting the court's permission to withdraw from the Juliana v. US climate lawsuit, brought by 21 young people. The associations are following the lead of the National Association of Manufacturers, who filed a similar motion to withdraw on May 22.


Now, all three trade association intervenor defendants have filed motions to withdraw from the case, evading last night's discovery deadline. These motions are especially unusual after numerous legal efforts have tried to get a federal court in Oregon to throw out the lawsuit. For any defendant to leave the litigation, U.S. Magistrate Judge Thomas Coffin must grant permission.

"API and its members will not come clean on the facts of climate change because they know it exposes them to liability for the damage they too have caused to the global climate system," Julia Olson, co-lead counsel for plaintiffs and executive director of Our Children's Trust, said.

"After these youths sued the government, the trade associations pleaded their members' interests would be destroyed if they weren't allowed to be in the case, but now they are running for the hills. Now, they've decided they're better off being on the sidelines than subjecting themselves to discovery,."

When youth plaintiffs filed their lawsuit in August 2015, only the federal government and government agencies were named as defendants. In November 2015, the associations intervened in the case on the side of the U.S. government defendants, calling the lawsuit a "direct threat to [their] businesses."

"What is noticeably absent from these withdrawal motions is the reason why the fossil fuel industry wants to leave the case," Philip L. Gregory, co-lead counsel for plaintiffs and a party with Cotchett, Pitre & McCarthy LLP of Burlingame, California, said. "They plead with the court to let them out, yet fail to give Judge Coffin any reason behind their change of heart,"

In a January 2016 proceeding before Judge Coffin, an attorney representing all three trade associations explained how these associations would speak with "one voice" if permitted to join the litigation:

"...having the associations participate as associations in this litigation effectively represents those interests without a multiplicity of disparate viewpoints and voices. Rather, in fact, they have joined to speak with one voice through this intervention motion."

The federal court allowed these fossil fuel industry associations to become full party defendants. However, when these intervenor defendants filed their answer to the allegations in young plaintiffs' complaint, the industry claimed it lacked "sufficient knowledge" to take a position on the science of climate change, and most of the claims in the complaint.

Intervenor defendants since agreed to set forth their positions on the scientific facts by responding to requests for admissions, which Plaintiffs subsequently served on March 24. When the fossil fuel defendants had not submitted their responses, Judge Coffin ordered that they be electronically-filed with the court. At the May 18 case management conference, Judge Coffin granted intervenor defendants an extension to submit their responses until the end of the day, May 25. Rather than take a position on the science or the effects of climate change, the fossil fuel industry chose to seek to back out of the case.

Attorneys for youth plaintiffs have already collected evidence through informal discovery that shows all three associations and their members have had long-standing knowledge of climate danger, and at the same time, used their undue influence over the U.S. government to sabotage efforts to address the urgent problem.

"Our government is a trustee over the atmosphere, and yet the Trump administration is wrongfully colluding with the intervenors to increase carbon emissions," Alex Loznak, 20, of Roseburg, Oregon and one of the youth plaintiffs in the case, said. "These industry groups can't be allowed to interfere with our democracy or our climate system without consequences."

Show Comments ()

EcoWatch Daily Newsletter

Sponsored
Climate
Women fetching water in India. Pixabay

India Suffers 'Worst Water Crisis in Its History'

India is facing its "worst-ever" water crisis, according to a report from a government think tank issued last week.

Around 200,000 Indians die each year due to lack of water access, the report finds, and demand will be twice as much as supply by 2030.

Keep reading... Show less
Food
daryl_mitchell / Flickr / CC BY-SA 2.0

Urban Gardening 101: How to Deal With Contaminated Soil

By Brian Barth

Urban soils are particularly prone to contamination. Fifty years ago, your yard could have belonged to a farmer, who, perhaps not knowing any better, disposed of old bottles of anti-freeze or contaminated diesel in a hole out behind the tractor garage. Or perhaps the remains of a fallen down outbuilding, long ago coated in lead-based paint, was buried on your property buy a lazy contractor when your subdivision was built.

Keep reading... Show less
Climate
High-tide flooding in Miami, FL, a state that could lose more than 10 percent of its residential properties to chronic flooding by 2100. B137 / CC BY-SA 4.0

Sea Level Rise Could Put 2.4 MIllion U.S. Coastal Homes at Risk

More than 300,000 U.S. coastal homes could be uninhabitable due to sea level rise by 2045 if no meaningful action is taken to combat climate change, a Union of Concerned Scientists (UCS) study published Monday found.

The study, Underwater: Rising Seas, Chronic Floods and the Implications for U.S. Coastal Real Estate, set out to calculate how many coastal properties in the lower 48 states would suffer from "chronic inundation," non-storm flooding that occurs 26 times a year or more, under different climate change scenarios.

Keep reading... Show less
Climate

NASA Climate Scientist Warned Us About Warming 30 Years Ago

Climate science marks a troubling anniversary this week: in June of 1988, NASA scientist James Hansen told Congress that global warming had already begun to affect the world and would only get worse.

Keep reading... Show less
Sponsored
Climate
Pixabay

4 Ways You Can Make a Difference on Climate

By Jaime Nack

"Where do I start?"

Whatever the forum, whatever the audience, it's always the first question I hear when I talk to people about sustainability and personal impact.

Keep reading... Show less
Renewable Energy
Minnesota Senate Building solar array ribbon-cutting ceremony on May 10. MN Administration / CC BY 2.0

U.S. Sees Steady Solar Growth Despite Trump, But China Slashes Subsidies

By Andy Rowell

Donald Trump can't stop the sun from shining. Despite the climate denier's pro-fossil fuel agenda, and despite his tariffs on imported solar panels, the U.S. still installed more solar than any other source of energy in the first quarter of the year.

The amount of solar power installed in the U.S. climbed 13 percent in the first quarter, according to the trade body, the Solar Energy Industries Association (SEIA).

Keep reading... Show less
Sponsored
Politics
frankieleon / CC BY 2.0

How a Minor Change to EPA Rules Could Slash Environmental Protection

By Joseph Aldy

Since the Reagan administration, federal agencies have been required to produce cost-benefit analyses of their major regulations. These assessments are designed to ensure that regulators are pursuing actions that make society better off.

In my experience working on the White House economic team in the Clinton and Obama administrations, I found cost-benefit analysis provides a solid foundation for understanding the impacts of regulatory proposals. It also generates thoughtful discussion of ways to design rules to maximize net benefits to the public.

Keep reading... Show less
Popular
E. Kahl / National Park Service

America’s Most Obscure Desert Is in Alaska

By Michael Engelhard

Time slipping, a tabula rasa. Footprints erased, slopes advanced, ripples unsculpted. A whole world recast by whims of weather. Besides snowfields and foreshores, few landscapes appear so clean-cut and subtle. Here, emptiness is the main attraction.

Keep reading... Show less
Sponsored

mail-copy

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