Trial Date Set for Groundbreaking Kids' Climate Lawsuit
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.
The trial will be heard before U.S. District Court Judge Ann Aiken in Eugene, Oregon, according to Our Children's Trust, the non-profit group supporting the plaintiffs. Aiken joined the court in 1998 after being nominated by President Bill Clinton.
"We have our trial date. In the coming months there will be depositions of the parties, defendants' disclosure of their experts, and expert depositions in late summer. We will build a full factual record for trial so that the Court can make the best informed decision in this crucial constitutional case," said Julia Olson, executive director of Our Children's Trust and co-lead counsel for the youth plaintiffs, in a statement.
Save the date! 1st day of trial in Juliana v. US scheduled Oct 29! Show your solidarity & empower these brave youth… https://t.co/4tLOGCFNK1— 350 Eugene (@350 Eugene)1523567309.0
The lawsuit was originally filed against President Obama's government before President Trump took office. Incidentally, just days before the case was turned over to the Trump administration, Obama's Justice Department lawyers admitted many of the young plaintiffs' scientific claims were true, including carbon dioxide (CO2) concentrations have increased to greater than 400 parts per million.
Additionally, the federal defendants admitted that fossil fuel extraction, development and consumption produce CO2 emissions and that past emissions of CO2 from such activities have increased the atmospheric concentration of CO2.
The Trump administration sought an appeal of the case, but last month, a three-judge panel with the Ninth Circuit Court of Appeals in San Francisco denied the White House's writ of mandamus petition, a rarely used legal maneuver that would have dismissed the case.
'We'll See You in Court': Kids Climate Lawsuit Moves Forward After Judge Denies Trump https://t.co/AKRvM4EHax… https://t.co/tcy0xe3Y19— EcoWatch (@EcoWatch)1520518322.0
U.S. Magistrate Judge Thomas Coffin set the trial date for this Fall despite Trump's DOJ attorneys saying the date "won't work" for the defendants.
They claimed they needed additional time to address expert witness reports and find rebuttal experts, to which Judge Coffin asked: "Where am I missing something? Given your admissions in this case, what is it about the science that you intend to contest with your rebuttal witnesses?"
According to Courthouse News, "U.S. Attorney Marissa Piropato answered that the dispute lies not in disagreement over whether climate change exists, but rather with the kids' conclusion that climate change imperils their future."
Phil Gregory, of Gregory Law Group and co-lead counsel for the youth plaintiffs commented, "By setting a trial date of October 29, 2018 the court clearly recognizes the urgency of the climate crisis. Further, the court stressed that the science should not be in dispute and that the case should be able to proceed in a streamlined fashion. On October 29th climate science will finally have its day in court and the plaintiffs will be ready."
"It is a relief to see that the Court understands how imperative it is to get this trial underway as soon as possible, despite all of the delay tactics the U.S. government continues to try to use," Sophie Kivlehan, 19-year-old plaintiff from Allentown, Pennsylvania said. "I am so excited to have an official trial date on the calendar again so that we can finally bring our voices and our evidence into the courtroom!"
By Gwen Ranniger
Fertility issues are on the rise, and new literature points to ways that your environment may be part of the problem. We've rounded up some changes you can make in your life to promote a healthy reproductive system.
Infertility and Environmental Health: The Facts<ul> <li>Sperm count is declining steeply, significantly, and continuously in Western countries, with no signs of tapering off. Erectile dysfunction is on the rise, and women are facing increasing rates of miscarriage and difficulty conceiving.</li><li>Why? A huge factor is our environmental health. Hormones (particularly testosterone and estrogen) are what make reproductive function possible, and our hormones are increasingly being negatively affected by harmful, endocrine-disrupting chemicals commonplace in the modern world—in our homes, foods, and lifestyles.</li></ul>
What You Can Do About It<p>It should be noted that infertility can be caused by any number of factors, including medical conditions that cannot be solved with a simple change at home.</p><p><em>If you or a loved one are struggling with infertility, our hearts and sympathies are with you. Your pain is validated and we hope you receive answers to your struggles.</em></p><p>Read on to discover our tips to restore or improve reproductive health by removing harmful habits and chemicals from your environment.</p>
Edit Your Health<ul><li>If you smoke, quit! Smoking is toxic, period. If someone in your household smokes, urge them to quit or institute a no-smoking ban in the house. It is just as important to avoid secondhand smoke.</li><li>Maintain a healthy weight. Make sure your caloric intake is right for your body and strive for moderate exercise.</li><li>Eat cleanly! Focus on whole foods and less processed meals and snacks. Studies have found that eating a Mediterranean-style diet is linked to increased fertility.</li><li>Minimize negative/constant stress—or find ways to manage it. Hobbies such as meditation or yoga that encourage practiced breathing are great options to reduce the physical toll of stress.</li></ul>
Edit Your Home<p>We spend a lot of time in our homes—and care that what we bring into them will not harm us. You may not be aware that many commonly found household items are sources of harmful, endocrine-disrupting compounds. Read on to find steps you can take—and replacements you should make—in your home.</p><p><strong>In the Kitchen</strong></p><ul> <li>Buy organic, fresh, unprocessed foods whenever possible. <a href="https://www.ehn.org/clean-grocery-shopping-guide-2648563801.html" target="_blank">Read our grocery shopping guide for more tips about food.</a></li><li>Switch to glass, ceramics, or stainless steel for food storage: plastics often contain endocrine-disrupting chemicals that affect fertility. <a href="https://www.ehn.org/bpa-pollution-2645493129.html" target="_blank" rel="noopener noreferrer">Learn more about the dangers of plastic here.</a></li><li>Ban plastic from the microwave. If you have a plastic splatter cover, use paper towel, parchment paper, or an upside-down plate instead.</li><li>Upgrade your cookware: non-stick may make life easier, but it is made with unsafe chemical compounds that seep into your food. Cast-iron and stainless steel are great alternatives.</li><li>Filter tap water. Glass filter pitchers are an inexpensive solution; if you want to invest you may opt for an under-the-sink filter.</li><li>Check your cleaning products—many mainstream products are full of unsafe chemicals. <a href="https://www.ehn.org/how-to-shop-for-cleaning-products-while-avoiding-toxics-2648130273.html" target="_blank" rel="noopener noreferrer">Check out our guide to safe cleaning products for more info</a>.</li></ul><p><strong>In the Bathroom </strong></p><ul> <li>Check the labels on your bathroom products: <em>fragrance-free, paraben-free, phthalate-free</em> and organic labels are all great signs. You can also scan the ingredients lists for red-flag chemicals such as: triclosan, parabens, and dibutyl phthalate. Use the <a href="https://www.ewg.org/skindeep/" target="_blank">EWG Skin Deep database</a> to vet your personal products.</li><li>Ditch the vinyl shower curtain—that new shower curtain smell is chemical-off gassing. Choose a cotton or linen based curtain instead.</li><li>Banish air fresheners—use natural fresheners (an open window, baking soda, essential oils) instead.</li></ul><p><strong>Everywhere Else</strong></p><ul><li>Remove wall-to-wall carpet. If you've been considering wood or tile, here's your sign: many synthetic carpets can emit harmful chemicals for years. If you want a rug, choose wool or plant materials such as jute or sisal.</li><li>Prevent dust build-up. Dust can absorb chemicals in the air and keep them lingering in your home. Vacuum rugs and wipe furniture, trim, windowsills, fans, TVs, etc. Make sure to have a window open while you're cleaning!</li><li>Leave shoes at the door! When you wear your shoes throughout the house, you're tracking in all kinds of chemicals. If you like wearing shoes inside, consider a dedicated pair of "indoor shoes" or slippers.</li><li>Clean out your closet—use cedar chips or lavender sachets instead of mothballs, and use "green" dry-cleaning services over traditional methods. If that isn't possible, let the clothes air out outside or in your garage for a day before putting them back in your closet.</li><li>Say no to plastic bags!</li><li>We asked 22 endocrinologists what products they use - and steer clear of—in their homes. <a href="https://www.ehn.org/nontoxic-products-2648564261.html" target="_blank">Check out their responses here</a>.</li></ul>
Learn More<ul><li>For more information and action steps, be sure to check out <em>Count Down: How Our Modern World Is Threatening Sperm Counts, Altering Male and Female Reproductive Development, and Imperiling the Future of the Human Race</em> by EHS adjunct scientist Shanna Swan, PhD: <a href="https://www.shannaswan.com/" target="_blank" rel="noopener noreferrer">available for purchase here.</a></li><li><a href="https://www.ehn.org/st/Subscribe_to_Above_The_Fold" target="_blank" rel="noopener noreferrer">Sign up for our Above the Fold Newsletter </a>to stay up to date about impacts on the environment and your health.</li></ul>
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