Quantcast

Trial Date Set for Groundbreaking Kids' Climate Lawsuit

Climate
Our Children's Trust / Facebook

A trial date of Oct. 29 has been set for a landmark climate change lawsuit brought by a group of young Americans despite the Trump administration's efforts to halt the case.

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.

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.

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!"

Related Articles Around the Web

EcoWatch Daily Newsletter

Micromobility is the future of transportation in cities, but cities and investors need to plan ahead to avoid challenges. Jonny Kennaugh / Unsplash

By Carlo Ratti, Ida Auken

On the window of a bike shop in Copenhagen, a sign reads: Your next car is a bike.

Read More Show Less
An American flag waves in the wind at the Phillip Burton Federal Building in San Francisco, California on May 17 where a trial against Monsanto took place. Alva and Alberta Pilliod, were awarded more than $2 billion in damages in their lawsuit against Monsanto, though the judge in the case lowered the damage award to $87 million. JOSH EDELSON / AFP / Getty Images

By Carey Gillam

For the last five years, Chris Stevick has helped his wife Elaine in her battle against a vicious type of cancer that the couple believes was caused by Elaine's repeated use of Monsanto's Roundup herbicide around a California property the couple owned. Now the roles are reversed as Elaine must help Chris face his own cancer.

Read More Show Less
Sponsored
Butterfly habitats have fallen 77 percent in the last 50 years. Pixabay / Pexels

The last 50 years have been brutal for wildlife. Animals have lost their habitats and seen their numbers plummet. Now a new report from a British conservation group warns that habitat destruction and increased pesticide use has on a trajectory for an "insect apocalypse," which will have dire consequences for humans and all life on Earth, as The Guardian reported.

Read More Show Less
Six of the nineteen wind turbines which were installed on Frodsham Marsh, near the coal-powered Fiddler's Ferry power station, in Helsby, England on Feb. 7, 2017.

Sales of electric cars are surging and the world is generating more and more power from renewable sources, but it is not enough to cut greenhouse gas emissions and to stop the global climate crisis, according to a new report from the International Energy Agency (IEA).

Read More Show Less
"Globally, we're starting to see examples of retailers moving away from plastics and throwaway packaging, but not at the urgency and scale needed to address this crisis." Greenpeace

By Jake Johnson

A Greenpeace report released Tuesday uses a hypothetical "Smart Supermarket" that has done away with environmentally damaging single-use plastics to outline a possible future in which the world's oceans and communities are free of bags, bottles, packaging and other harmful plastic pollutants.

Read More Show Less
Sponsored
Children are forced to wear masks due to the toxic smoke from peat land fires in Indonesia. Aulia Erlangga / CIFOR

By Irene Banos Ruiz

Pediatricians in New Delhi, India, say children's lungs are no longer pink, but black.

Our warming planet is already impacting the health of the world's children and will shape the future of an entire generation if we fail to limit global warming to well below 2 degrees Celsius (35.6°F), the 2019 Lancet Countdown Report on health and climate change shows.

Read More Show Less
Private homes surround a 20 inch gas liquids pipeline which is part of the Mariner East II project on Oct. 5, 2017 in Marchwood, Penn. Robert Nickelsberg / Getty Images

The FBI is looking into how the state of Pennsylvania granted permits for a controversial natural gas pipeline as part of a corruption investigation, the AP reports.

Read More Show Less
Three cows who were washed off their North Carolina island by Hurricane Dorian have been found alive after swimming at least two miles. Carolina Wild Ones / Facebook

Three cows who were washed off their North Carolina island by Hurricane Dorian have been found alive after swimming at least two miles, The New York Times reported Wednesday.

Read More Show Less