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Andrea Rodgers, second from the right, takes notes during a hearing in the Juliana v. U.S. case before the 9th Circuit Court of Appeals in Portland, Oregon on June 4. Colleague Elizabeth Brown sits to her left, while colleague Julia Olson sits on her right, with co-council Philip Gregory on Julia's right. Robin Loznak / Our Children's Trust
By Fran Korten
On June 4, Andrea Rodgers was in the front row of attorneys sitting before a three-judge panel of the 9th Circuit Court. The court session, held in Portland, Oregon, was to determine whether the climate change lawsuit (Juliana v. United States) brought by 21 young plaintiffs should be dismissed, as requested by the U.S. government, or go on to trial.
In a glimmer of hope for climate change litigation, the Supreme Court ruled against the Trump administration's attempt to block a ground-breaking lawsuit brought by 21 young people against the U.S. government for crafting policies that support climate-changing fossil fuels, The Huffington Post reported.
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All of the 197 signatories of the landmark accord now have at least one national law or policy on climate change, an analysis published Monday by the London School of Economics (LSE) found.
The scandal-plagued head of the U.S. Environmental Protection Agency (EPA) says he's not sure whether "human activity ... is a primary contributor to the global warming that we see." The president has moved to pull the U.S. out of the landmark Paris climate agreement. And climate-science deniers and skeptics control Congress.
Juliana v. United States was filed in 2015 on behalf of 21 plaintiffs who ranged between 8 to 19 years old at the time. They allege their constitutional and public trust rights are being violated by the government's creation of a national energy system that causes dangerous climate change.
By John Light
Editor's note: Watch the oral arguments live beginning at 1 p.m. EST above.
Three judges in San Francisco potentially have the power to decide how the U.S. government deals with climate change. Monday, 21 young Americans will make the case that President Trump has endangered their future by aiding and abetting the dirty industries responsible for the global crisis. And they will argue that they can hold him legally accountable.
There has been a significant development in the constitutional climate change lawsuit so far successfully prosecuted by 21 youth plaintiffs: The Ninth Circuit Court of Appeals has decided to hear oral argument over whether the Trump administration can evade trial currently set for Feb. 5, 2018. Oral arguments will be heard before the Ninth Circuit Court of Appeals in San Francisco on Dec. 11 and can be watched on a live stream beginning at 10 a.m. PST.
By Tim Radford
One of the world's most famous climate scientists has just calculated the financial burden that tomorrow's young citizens will face to keep the globe at a habitable temperature and contain global warming and climate change—a $535 trillion bill.
And much of that will go on expensive technologies engineered to suck 1,000 billion metric tons of the greenhouse gas carbon dioxide from the air by the year 2100.
The Trump administration filed a motion Tuesday seeking an appeal to the Ninth Circuit Court of Appeals on a federal judge's Nov. 10, 2016 order in Juliana v. United States. The Trump administration also filed a motion to delay trial preparation until after its appeal is considered.
Further, the Trump administration asked for expedited review of both motions, arguing the plaintiffs' Jan. 24 letter requesting the government to retain records relating to climate change and communications between the government and the fossil fuel industry was overly burdensome. The excerpt from the government's stay motion said:
"Plaintiffs … intend to seek discovery relating to virtually all of the federal government's activities relating to control of CO2 emissions ... Compounding the United States' burdens, Plaintiffs have indicated that their intended discovery has a temporal scope of more than sixty years ... Absent relief, there will most certainly be depositions of federal government fact witnesses ... that will explore the extraordinarily broad topic of climate change and the federal government's putative knowledge over the past seven decades."
Yet, in another complex case regarding the Deepwater Horizon oil spill and BP, the U.S. produced more than 17 million pages of documents from April to September of 2011. Plaintiffs maintain that their requests are limited, reasonable and aimed at getting to trial this fall.
Appeals typically do not occur until a trial court has issued final rulings following the presentation of evidence, but the Trump administration is asking federal Magistrate Judge Coffin to exercise his discretion to allow the case to proceed to the Court of Appeals before final judgment.
Attorneys representing fossil fuel industry defendants are expected to file papers supporting the government's motions on Friday.
"The Trump administration argues that this is a big case and so the burdens of preserving government documents warrant an expedited review," Julia Olson, plaintiffs' counsel and executive director of Our Children's Trust, said. "They're right. It is a big case. We have a classic example of the government's misplaced priorities: They prefer to minimize their procedural obligations of not destroying government documents over the urgency of not destroying our climate system for our youth plaintiffs and all future generations?"
In the government's answer to the youth plaintiffs' complaint, they admitted that "the use of fossil fuels is a major source of [carbon dioxide] emissions, placing our nation on an increasingly costly, insecure and environmentally dangerous path."
The case was brought by 21 young plaintiffs who argue that their constitutional and public trust rights are being violated by the government's creation of climate danger. Judge Ann Aiken's November order denied motions to dismiss brought by both the Obama administration and fossil fuel industry defendants.
"This request for appeal is an attempt to cover up the federal government's long-running collusion with the fossil fuel industry," Alex Loznak, 20-year-old plaintiff and Columbia University student, said. "My generation cannot wait for the truth to be revealed. These documents must be uncovered with all deliberate speed, so that our trial can force federal action on climate change."
Other pre-trial developments
- During Wednesday's telephonic case management conference between attorneys for the parties and Magistrate Judge Thomas Coffin, the U.S. Department of Justice (DOJ) took the view that the Trump administration, will have the opportunity to use executive privilege to prevent the release of evidence in the possession of the National Archives and Records Administration (NARA).
- DOJ attorneys said they recently informed the White House that NARA was in the process of gathering documents requested by the plaintiffs. It is the DOJ's view that former Presidents George H. W. Bush, Bill Clinton and George W. Bush, will have the opportunity to bar release of the records of their respective administrations, but President Trump will ultimately have the authority to bar release of any and all NARA records.
- The next Juliana v. United States case management conference with Judge Coffin is scheduled for April 7 and will be telephonic.
- Attorneys for youth plaintiffs are in the process of compiling a list of prospective witnesses to be deposed, including Secretary of State Rex Tillerson and expect to provide that list to defendants next week.
Juliana v. United States is one of many related legal actions brought by youth in several states and countries, all supported by Our Children's Trust, seeking science-based action by governments to stabilize the climate system.