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.
Nation's Largest Industrial Trade Association Wants Out of Kids #Climate Lawsuit https://t.co/gKBRom4FIa @billmckibben @NaomiAKlein @350— EcoWatch (@EcoWatch)1495544820.0
"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."
The excess carbon dioxide emitted by human activity since the start of the industrial revolution has already raised the Earth's temperature by more than one degree Celsius, increased the risk of extreme hurricanes and wildfires and killed off more than half of the corals in the Great Barrier Reef. But geologic history shows that the impacts of greenhouse gases could be much worse.
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By Teri Schultz
Europe is in a panic over the second wave of COVID-19, with infection rates sky-rocketing and GDP plummeting. Belgium has just announced it will no longer test asymptomatic people, even if they've been in contact with someone who has the disease, because the backlog in processing is overwhelming. Other European countries are also struggling to keep up testing and tracing.
Meanwhile in a small cabin in Helsinki airport, for his preferred payment of a morsel of cat food, rescue dog Kossi needs just a few seconds to tell whether someone has coronavirus.
<div id="bfda0" class="rm-shortcode" data-rm-shortcode-id="c60b1a0dedbedbe5e0ce44284aff852f"><blockquote class="twitter-tweet twitter-custom-tweet" data-twitter-tweet-id="1308390775328251906" data-partner="rebelmouse"><div style="margin:1em 0">Covid-19 dogs started their work today at the Helsinki Airport at arrival hall 2B. Dogs have been trained to detect… https://t.co/nw4mrw6eJM</div> — Helsinki Airport (@Helsinki Airport)<a href="https://twitter.com/HelsinkiAirport/statuses/1308390775328251906">1600779644.0</a></blockquote></div><p>If it were left to Kossi and his pals, crowds of potential virus carriers could be cleared in a fraction of the time for a fraction of the cost with none of the physical discomfort that accompanies the current nasal swab test based on the polymerase chain reaction (PCR) method.</p>
No Human Nose Needed<p>A dog can sniff a cloth wiped on a wrist or neck and immediately identify if it comes from someone who has contracted the virus as much as five days before any symptoms appear which would lead a person to go into isolation. "A dog could easily save so so, so many lives," University of Helsinki veterinary researcher Anna Hielm-Bjorkman told DW, who says their testing has shown an accuracy level of nearly 100%.</p><p>It was originally her idea to see whether Kossi, a talented disease-detection dog, could redirect his skills in sniffing out mold, bedbugs and cancer to detecting the new virus just as it started to spread in Europe. "It took him seven minutes to figure out 'okay, this is what you want me to look out for," Hielm-Bjorkman said. "So that totally blew our minds."</p><p>Susanna Paavilainen, the executive director of the Wise Nose scent-detection foundation and the woman who saved Kossi from euthanasia in a Spanish shelter eight years ago, immediately started retraining her dogs to find the coronavirus.</p><p>Miina, who used to track a young girl's blood sugar levels by scent, quickly came on board, along with two others already working in disease detection. In all, they hope to train 15 dogs in the first phase.</p><p>Hielm-Bjorkman said once they discovered the new capabilities, while the normal academic procedure would be to test, publish and get peer-reviewed, their first instinct was to get the dogs into service. "[Researchers] who are actually publishing," she noted wryly, "are not at the airports."</p>
Wags, Not Wages<p>But for that, they needed permission and ideally, some funding. Vantaa Deputy Mayor Timo Aronkyto, who is also responsible for airport security, saw the benefit straight away. "It took me two minutes," he told DW.</p><p>However, his funding options were limited to about $390,000 total for the four-month pilot project aiming to prove that results from the dog tests are at least as accurate as the PCR test. Anyone who tests positive at the voluntary canine site is requested to go to the medical unit for confirmation.</p><p>The interest of Aronkyto, a trained physician, is rooted in both health and wealth. "Our testing at the airport costs more than 1 million [euros] (USD $1.2 million) a month at the moment," he said, explaining he expects that to go up to €3 million (USD. $3.5 million) per month in winter. "These dogs would be much cheaper," he pointed out.</p><p>He's optimistic support will grow as data from the current pilot project accumulates, explaining there is already work underway to change Finnish legislation so eventually sniffer dogs would have the same "authority" as customs dogs.</p><p>Aronkyto anticipates one animal performing both functions in the near future. He plans to continue this level of funding from his city budget into next year but that doesn't train new dogs nor expand the capacity beyond the four that split shifts currently at the airport, even as infection rates rise.</p>
Helsinki Hesitates<p>Notably, however, the Finnish government has not signaled it would like to pick up the program itself, despite a huge surge in publicity and, as Hielm-Bjorkman and Paavilainen emphasize, interest from other countries. Travelers have been eager to participate, waiting in line more than an hour at times.</p><p>Finnish ambassador in Ramallah, Palestine, Paivi Peltokoski, praised the experience after a recent trip but, apparently, her enthusiasm is not overly contagious.</p>
<div id="d9823" class="rm-shortcode" data-rm-shortcode-id="61d382f115fe66a44eb793d9ebee3d94"><blockquote class="twitter-tweet twitter-custom-tweet" data-twitter-tweet-id="1318564228450615299" data-partner="rebelmouse"><div style="margin:1em 0">I was tested negative by two #coronadogs upon arrival at the #Helsinki airport in #Finland. Later a medical test ve… https://t.co/cGlWQn8DJb</div> — Päivi Peltokoski (@Päivi Peltokoski)<a href="https://twitter.com/PaiviPeltokoski/statuses/1318564228450615299">1603205184.0</a></blockquote></div><p>"If the government would see this already as something that they would believe in," Hielm-Bjorkman said, she could envision training hundreds of dogs, stationing sniffers at concert halls or sports matches or elderly care homes. She adds there's a need for a "paradigm shift" for both medical professionals and the public.</p><p>Usually it's doctors telling patients if they're sick, she explained, and "here it's a dog handler."</p>
Little Political Will on German Project<p>This situation is not limited to Finland. In Germany researchers also <a href="https://www.dw.com/en/german-sniffer-dogs-show-promise-at-detecting-coronavirus/a-54300863" target="_blank" rel="noopener noreferrer">announced promising results</a> with canines <a href="https://www.dw.com/en/coronavirus-german-military-training-sniffer-dogs/a-54062180" target="_blank" rel="noopener noreferrer">detecting COVID-19</a>, but no dogs have been used anywhere so far. And then, says Professor Holger Volk of the University of Veterinary Medicine Hanover, there has been insufficient political will or funding to move the project forward, something he called "very troubling" especially with a resurgent infection rate.</p><p>"When we started this whole project, we we did it because we wanted to help to stop the pandemic," Volk told DW. "It's really has been a very frustrating ride. I have had a lot of naysayers in the whole process. If I wasn't a very determined person, having done a lot of research, I would have probably stopped it."</p><p>He agrees with Hielm-Bjorkman's assessment that "it's just not in the perception of doctors that dogs are able to do this precise work." But he also echoes her faith in the vast potential of their discovery. "If you had a dog who could sniff every day quickly your cohort of workers, for example," he said, "think about the impact. You could continue having a workplace."</p><p>Speaking of workplaces, Susanna Paavilainen is starting to think if Finland doesn't want to unleash the dogs' potential at home, she and Kossi might accept one of the many requests from all over the world to provide training. "We can move because Kossi likes warm weather," she says, petting her star sniffer.</p>
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