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 ()
Sponsored
The two young Iowa vandals knocked over 50 hives and exposed the bees to deadly winter temperatures. Colby Stopa / Flickr

Two Boys Charged With Killing Half a Million Honeybees in Iowa

Two boys were charged with killing more than a half million bees at a honey business in Iowa last month.

"All of the beehives on the honey farm were destroyed and approximately 500,000 bees perished in the frigid temperatures," Sioux City police said in a release.

Keep reading... Show less

Are Microwaves Really as Bad for the Environment as Cars?

According to many headlines blared around the Internet this week, "microwaves are as damaging to the environment as cars." But this misleading information, based on a new study from the University of Manchester, hopefully doesn't make you feel guilty about zapping your next Hot Pocket.

The research, published in the journal Science of the Total Environment, found that microwave ovens across the European Union generate as much carbon dioxide as nearly 7 million cars and consume an estimated 9.4 terawatts per hour of electricity per year. Okay, that sounds like a lot. But also consider that there are about 130 million microwaves in Europe and some 291 million vehicles on its roads.

Keep reading... Show less

Monsanto's Roundup Destroys Healthy Microbes in Humans and in Soils

By Julie Wilson

We're only beginning to learn the importance of healthy gut bacteria to our overall health—and the relationship between healthy soil and the human microbiome.

We know that the human microbiome, often referred to as our "second brain," plays a key role in our health, from helping us digest the food we eat, to boosting our brain function and regulating our immune systems.

Keep reading... Show less
Interior Sec. Ryan Zinke refused to meet with National Park System Advisory Board members last year, prompting most of them to quit. Gage Skidmore / Flickr

From National Parks to the EPA, Trump Administration Stiff-Arms Science Advisers

By Elliott Negin

The Trump administration's testy relationship with science reminds me of that old saying: Advice is least heeded when most needed.

Keep reading... Show less
Sponsored
Health
Shutterstock

8 Ways to Reduce Your Exposure to Hormone-Disrupting Chemicals

By Caroline Cox

What keeps you up at night? Sick kids, restless pets, the latest tragedy on the evening news, politics, wars, earthquakes, hurricanes, fires, money troubles, job stress, and family health and wellbeing? There is no shortage of concerns that make us all toss and turn.

But what keeps the chemical industry up at night? A couple of decades ago a senior Shell executive was asked this very question. The answer? Endocrine disruption.

Keep reading... Show less
Dave Atkinson / Flickr / CC BY-NC-ND 2.0

Why We'll March Again

This Sunday marks the first anniversary of the Women's March that happened on the day after Donald Trump's inauguration—the largest protest march in our nation's history. The Sierra Club was there that day, and we'll be there this year, too—at a significant moment for women's rights and justice.

Keep reading... Show less
Sponsored
Nils Axel-Morner gives an interview on the fringe of a meeting in Rome in October 2017. YouTube

Climate Denial Group Linked to Trump Admin Is Funding 'Research' on Sea Levels in Questionable Journals

By Graham Readfearn

A climate science denial group with links to President Trump's administration has been funding work to sow doubt that low-lying islands in the Pacific are at risk from rising sea levels.

The two researchers being funded—one of which is a well-known climate science denier—have targeted little known "open access" journals with dubious quality controls to get their work published, DeSmog has found.

Keep reading... Show less

It's Official: 2017 Was the Hottest Year Without an El Niño

The United Nations announced Thursday that 2017 was the hottest year on record without an El Niño event kicking up global annual temperatures.

Last year's average surface temperatures—driven by carbon dioxide and other greenhouse gas emissions—was 1.1 degree Celsius above pre-industrial times, putting the world on course to breach the internationally agreed "1.5°C" temperature barrier to avoid dangerous climate change set by the 2015 Paris climate agreement.

Keep reading... Show less
Sponsored

mail-copy

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