PA Court Disregards Constitutional Obligation to Future Generations
The Commonwealth Court of Pennsylvania dismissed the constitutional climate change lawsuit Tuesday brought by seven young plaintiffs. The court found that the plaintiffs had standing to bring their case because climate change was a substantial, direct and immediate threat to them. However, the court declined to follow Pennsylvania Supreme Court precedent that determined that Pennsylvania's constitutional Environmental Rights Amendment imposes an affirmative duty on the Commonwealth to "conserve and maintain" Pennsylvania's public natural resources for both present and future generations.
Attorney Kenneth Kristl with two of the seven youth plaintiffs, Kaia Elinich (left) and Ashley Funk (right). Our Children's Trust
The plaintiffs brought the lawsuit against Gov. Tom Wolf and six state agencies, including the Department of Environmental Protection and the Pennsylvania Environmental Quality Board. This case is one of several similar state, federal and global cases, all supported by the nonprofit Our Children's Trust and all seeking the legal right to a healthy atmosphere and stable climate.
In this case, the youth are seeking to protect their constitutional rights to clean air, pure water and other essential natural resources that their lives depend upon, but that are currently threatened by climate change. Their complaint states that government defendants are failing to fulfill their constitutional obligations by failing to adequately regulate CO2 emissions.
The suit was filed by the Environmental & Natural Resources Law Clinic, at Widener University Delaware Law School, with Associate Professor of Law and Clinic Director Kenneth Kristl as lead counsel.
"We are disappointed with the court's decision," Kristl said. "We believe the Commonwealth Court failed to consider and apply correctly the Pennsylvania Supreme Court's Robinson Township decision and the new contours for Article I, Section 27 that it carved out. We are optimistic that the Supreme Court's consideration of this matter on appeal will lead to a different result."
Ashley Funk, one of the seven plaintiffs, was recently featured on Heat of The Moment, WBEZ Chicago's long-term project about climate change. Listen to her share her story about growing up in coal country here.
"After arguing our position on June 6th, my fellow plaintiffs and I really believed that the court would rule in favor of our lawsuit—and our generation—by allowing our case to proceed," Funk said.
"With recent victories in Juliana, et al. v. United States of America, et al. and a similar lawsuit in the state of Washington, we had hope that Pennsylvania would follow suit. I am disappointed in the court's decision to uphold the preliminary objections. But I know that our case is grounded in our rights to a livable climate and so we will continue pushing this case until Pennsylvania takes adequate and measurable action to address climate change."
- Trump Insider Embeds Climate Denial Into Agency Reports ... ›
- Climate Denier Is Named to Leadership Role at NOAA - EcoWatch ›
EcoWatch Daily Newsletter
New Jersey is one step closer to passing what environmental advocates say is the strongest anti-plastic legislation in the nation.
Did you know that nearly 30% of adults do, or will, suffer from a sleep condition at some point in their life? Anyone who has experienced disruptions in their sleep is familiar with the havoc that it can wreak on your body and mind. Lack of sleep, for one, can lead to anxiety and lethargy in the short-term. In the long-term, sleep deprivation can lead to obesity, diabetes, and cardiovascular disease.
Fortunately, there are proven natural supplements that can reduce insomnia and improve quality sleep for the better. CBD oil, in particular, has been scientifically proven to promote relaxing and fulfilling sleep. Best of all, CBD is non-addictive, widely available, and affordable for just about everyone to enjoy. For these very reasons, we have put together a comprehensive guide on the best CBD oil for sleep. Our goal is to provide objective, transparent information about CBD products so you are an informed buyer.
The House of Representatives passed a sweeping bill to boost clean energy while phasing out the use of coolants in air conditioners and refrigerators that are known pollutants and contribute to the climate crisis, as the AP reported.
- Renewable Energy Could Power the World by 2050 - EcoWatch ›
- Net Zero U.S. by 2050? House Dems Unveil Sweeping Climate ... ›
- Delayed Senate Energy Bill Promotes LNG Exports, 'Clean Coal ... ›
By Governor Jay Inslee
Climate Week this year coincides with clear skies in Washington state for the first time in almost two weeks.
In just a few days in early September, Washington state saw enough acres burned – more than 600,000 – to reach our second-worst fire season on record. Our worst fire season came only five years ago. Wildfires aren't new to the west, but their scope and danger today is unlike anything firefighters have seen. People up and down the West Coast – young and old, in rural areas and in cities – were choking on smoke for days on end, trapped in their homes.
Fires like these are becoming the norm, not the exception.