Quantcast
Environmental News for a Healthier Planet and Life

Help Support EcoWatch

PA Court Disregards Constitutional Obligation to Future Generations

Popular

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."

EcoWatch Daily Newsletter

Pexels

By Beth Ann Mayer

Since even moderate-intensity workouts offer a slew of benefits, walking is a good choice for people looking to stay healthy.

Read More Show Less
Much of Eastern Oklahoma, including most of Tulsa, remains an Indian reservation, the Supreme Court ruled on Thursday. JustTulsa / CC BY 2.0

Much of Eastern Oklahoma, including most of Tulsa, remains an Indian reservation, the Supreme Court ruled on Thursday.

Read More Show Less
The Firefly Watch project is among the options for aspiring citizen scientists to join. Mike Lewinski / Wikimedia Commons / CC by 2.0

By Tiffany Means

Summer and fall are great seasons to enjoy the outdoors. But if you're already spending extra time outside because of the COVID-19 pandemic, you may be out of ideas on how to make fresh-air activities feel special. Here are a few suggestions to keep both adults and children entertained and educated in the months ahead, many of which can be done from the comfort of one's home or backyard.

Read More Show Less
People sit at the bar of a restaurant in Austin, Texas, on June 26, 2020. Texas Governor Greg Abbott ordered bars to be closed by noon on June 26 and for restaurants to be reduced to 50% occupancy. Coronavirus cases in Texas spiked after being one of the first states to begin reopening. SERGIO FLORES / AFP via Getty Images

The coronavirus may linger in the air in crowded indoor spaces, spreading from one person to the next, the World Health Organization acknowledged on Thursday, as The New York Times reported. The announcement came just days after 239 scientists wrote a letter urging the WHO to consider that the novel coronavirus is lingering in indoor spaces and infecting people, as EcoWatch reported.

Read More Show Less
A never-before-documented frog species has been discovered in the Peruvian highlands and named Phrynopus remotum. Germán Chávez

By Angela Nicoletti

The eastern slopes of the Andes Mountains in central Perú are among the most remote places in the world.

Read More Show Less
Left: Lemurs in Madagascar on March 30, 2017. Mathias Appel / Flickr. Right: A North Atlantic right whale mother and calf. National Marine Fisheries Service

A new analysis by scientists at the Swiss-based International Union for Conservation of Nature (IUCN) found that lemurs and the North Atlantic right whale are on the brink of extinction.

Read More Show Less

Trending

Nobody knows exactly how much vitamin D a person actually needs. However, vitamin D is becoming increasingly popular. Colin Dunn / Flickr / CC by 2.0

By Julia Vergin

It is undisputed that vitamin D plays a role everywhere in the body and performs important functions. A severe vitamin D deficiency, which can occur at a level of 12 nanograms per milliliter of blood or less, leads to severe and painful bone deformations known as rickets in infants and young children and osteomalacia in adults. Unfortunately, this is where the scientific consensus ends.

Read More Show Less