Quantcast

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

Popular
Banner created by Alliance for Climate Education

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."

EcoWatch Daily Newsletter


georgeclerk / E+ / Getty Images

By Jennifer Molidor

One million species are at risk of extinction from human activity, warns a recent study by scientists with the United Nations. We need to cut greenhouse gas pollution across all sectors to avoid catastrophic climate change — and we need to do it fast, said the Intergovernmental Panel on Climate Change.

This research should serve as a rallying cry for polluting industries to make major changes now. Yet the agriculture industry continues to lag behind.

Read More Show Less
Edwin Remsburg / VW Pics / Getty Images

Botswana, home to one third of Africa's elephants, announced Wednesday that it was lifting its ban on the hunting of the large mammals.

"The Ministry of Environment, Natural Resources Conservation and Tourism wishes to inform the public that following extensive consultations with all stakeholders, the Government of Botswana has taken a decision to lift the hunting suspension," the government announced in a press release shared on social media.

Read More Show Less
Sponsored
Pxhere

By Richard Denison

Readers of this blog know how concerned EDF is over the Trump EPA's approval of many dozens of new chemicals based on its mere "expectation" that workers across supply chains will always employ personal protective equipment (PPE) just because it is recommended in the manufacturer's non-binding safety data sheet (SDS).

Read More Show Less
De Molen windmill and nuclear power plant cooling tower in Doel, Belgium. Trougnouf / CC BY-SA 4.0

By Grant Smith

From 2009 to 2012, Gregory Jaczko was chairman of the Nuclear Regulatory Commission, which approves nuclear power plant designs and sets safety standards for plants. But he now says that nuclear power is too dangerous and expensive — and not part of the answer to the climate crisis.

Read More Show Less
A lake in Rocky Mountain National Park. Brett Walton / Circle of Blue

By Brett Walton

When Greg Wetherbee sat in front of the microscope recently, he was looking for fragments of metals or coal, particles that might indicate the source of airborne nitrogen pollution in Rocky Mountain National Park. What caught his eye, though, were the plastics.

Read More Show Less
Sponsored
Gabriele Holtermann Gorden / Pacific Press / LightRocket / Getty Images

In a big victory for animals, Prada has announced that it's ending its use of fur! It joins Coach, Jean Paul Gaultier, Giorgio Armani, Versace, Ralph Lauren, Vivienne Westwood, Michael Kors, Donna Karan and many others PETA has pushed toward a ban.

This is a victory more than a decade in the making. PETA and our international affiliates have crashed Prada's catwalks with anti-fur signs, held eye-catching demonstrations all around the world, and sent the company loads of information about the fur industry. In 2018, actor and animal rights advocate Pamela Anderson sent a letter on PETA's behalf urging Miuccia Prada to commit to leaving fur out of all future collections, and the iconic designer has finally listened.

Read More Show Less
Amer Ghazzal / Barcroft Media / Getty Images

If people in three European countries want to fight the climate crisis, they need to chill out more.

That's the conclusion of a new study from think tank Autonomy, which found that Germany, the UK and Sweden all needed to drastically reduce their workweeks to fight climate change.

"The rapid pace of labour-saving technology brings into focus the possibility of a shorter working week for all, if deployed properly," Autonomy Director Will Stronge said, The Guardian reported. "However, while automation shows that less work is technically possible, the urgent pressures on the environment and on our available carbon budget show that reducing the working week is in fact necessary."

The report found that if the economies of Germany, Sweden and the UK maintain their current levels of carbon intensity and productivity, they would need to switch to a six, 12 and nine hour work week respectively if they wanted keep the rise in global temperatures to the below two degrees Celsius promised by the Paris agreement, The Independent reported.

The study based its conclusions on data from the UN and the OECD (Organisation for Economic Co-operation and Development) on greenhouse gas emissions per industry in all three countries.

The report comes as the group Momentum called on the UK's Labour Party to endorse a four-day work week.

"We welcome this attempt by Autonomy to grapple with the very real changes society will need to make in order to live within the limits of the planet," Emma Williams of the Four Day Week campaign said in a statement reported by The Independent. "In addition to improved well-being, enhanced gender equality and increased productivity, addressing climate change is another compelling reason we should all be working less."

Supporters of the idea linked it to calls in the U.S. and Europe for a Green New Deal that would decarbonize the economy while promoting equality and well-being.

"This new paper from Autonomy is a thought experiment that should give policymakers, activists and campaigners more ballast to make the case that a Green New Deal is absolutely necessary," Common Wealth think tank Director Mat Lawrence told The Independent. "The link between working time and GHG (greenhouse gas) emissions has been proved by a number of studies. Using OECD data and relating it to our carbon budget, Autonomy have taken the step to show what that link means in terms of our working weeks."

Stronge also linked his report to calls for a Green New Deal.

"Becoming a green, sustainable society will require a number of strategies – a shorter working week being just one of them," he said, according to The Guardian. "This paper and the other nascent research in the field should give us plenty of food for thought when we consider how urgent a Green New Deal is and what it should look like."

Amazon Employees for Climate Justice held a press conference after the annual shareholder meeting on May 22. Amazon Employees for Climate Justice

Amazon shareholders voted down an employee-backed resolution calling for more aggressive action on climate change at their annual meeting Wednesday, The Los Angeles Times reported.

Read More Show Less