Quantcast
Popular

Fossil Fuel Defendants Join Trump in Move to Appeal Kid's Groundbreaking Climate Lawsuit

Lawyers representing fossil fuel defendants in a youth climate lawsuit filed a motion Friday with a U.S. District Court seeking an appeal to the Ninth Circuit Court of Appeals on a Nov. 10, 2016 order in Juliana v. United States. As reported by The Washington Post, the Trump Administration filed a similar motion requesting appeal on Tuesday. Fossil fuel defendants support the Trump Administration's motion.


Fossil fuel defendants claim Judge Ann Aiken erred when ruling that "the political question doctrine is not a barrier to plaintiffs' claims." The fossil fuel defendants argue the executive and legislative branches of government, and not the judiciary, should resolve the issues presented by plaintiffs in this case.


Attorneys with Sidley Austin represent the fossil fuel defendants, who are members of trade associations API (formerly directed by now Secretary of State Rex Tillerson), AFPM and NAM. From their motion filed on Friday:

"If the case proceeds to expert discovery, that phase will certainly be complicated and protracted, given the complex scientific debate that swirls around the issues raised by the plaintiffs' lawsuit. The resources required to engage in fact and expert discovery will be enormous, and those resources will be preserved if the intervenor-defendants prevail on interlocutory appeal."

Judge Aiken, informed by Magistrate Judge Thomas Coffin's recommendation, holds the power to decide whether or not to certify the questions for appeal sought with defendants' motions.

But Judge Aiken has already made her position clear on the political question issue. From her Nov. 10 order that the government and fossil fuel defendants are seeking to appeal, Judge Aiken wrote:

"However, the scope of the political question doctrine should not be overstated. As Alexis de Tocqueville observed, [t]here is hardly any political question in the United States that sooner or later does not turn into a judicial question." Alexis de Tocqueville, Democracy in America 440 (Liberty Fund 2012)."

In fact, more than 11 pages of Judge Aiken's order thoughtfully and judicially analyzed and concluded on the political question issue. Her order walked through all six "Baker factors" from the Supreme Court's 1962 opinion in Baker v. Carr, a case recently featured in a 2016 podcast produced as part of the RadioLab Series "More Perfect." Following her analysis, Judge Aiken included a section entitled "Summary: This Case Does Not Raise a Nonjusticiable Political Question." From that section, the order reads:

"There is no need to step outside the core role of the judiciary to decide this case. At its heart, this lawsuit asks this Court to determine whether defendants have violated plaintiffs' constitutional rights. That question is squarely within the purview of the judiciary.

"This case shares some key features with Baker itself. In Baker, a group of voters challenged a statute governing the apportionment of state legislative districts. 369 U.S. at 188-95. Sixty years of population growth without legislative reapportionment had led to legislative districts had led to some votes carrying much more weight than others. Id. at 192-93. Here, the majority of youth plaintiffs are minors who cannot vote and must depend on others to protect their political interests. Thus, as amicus the League of Women Voters persuasively argues, the youth plaintiffs' claims are similar to the Baker claims because they are 'rooted in a 'debasement of their votes' and an accompanying diminishment of their voice in representational government." Br. for the League of Women Voters in the United States et al. as Amici Curiae at 19-20 (doc 79-1).

"In Baker, the Court acknowledged that the plaintiffs' claims had political dimensions and ramifications - but nonetheless concluded none of the Baker factors was inextricable from the case. 369 U.S. at 209. Similarly as discussed in detail above, this case raises political questions yet is not barred by the political question doctrine."

"The political question argument is a last ditch effort to avoid judicial review," Julia Olson, plaintiffs' counsel and executive director of Our Children's Trust, said. "When our political branches deny our plaintiffs their fundamental rights, it is absolutely the court's job to step in. This is well-settled and this defense is dead."

Juliana v. United States was filed in 2015 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.

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.

Show Comments ()
Sponsored
The two young Iowa vandals knocked over 50 hives and exposed the bees to deadly winter temperatures. Colby Stopa / Flickr

Two Boys Charged With Killing Half a Million Honeybees in Iowa

Two boys were charged with killing more than a half million bees at a honey business in Iowa last month.

"All of the beehives on the honey farm were destroyed and approximately 500,000 bees perished in the frigid temperatures," Sioux City police said in a release.

Keep reading... Show less

Are Microwaves Really as Bad for the Environment as Cars?

According to many headlines blared around the Internet this week, "microwaves are as damaging to the environment as cars." But this misleading information, based on a new study from the University of Manchester, hopefully doesn't make you feel guilty about zapping your next Hot Pocket.

The research, published in the journal Science of the Total Environment, found that microwave ovens across the European Union generate as much carbon dioxide as nearly 7 million cars and consume an estimated 9.4 terawatts per hour of electricity per year. Okay, that sounds like a lot. But also consider that there are about 130 million microwaves in Europe and some 291 million vehicles on its roads.

Keep reading... Show less

Monsanto's Roundup Destroys Healthy Microbes in Humans and in Soils

By Julie Wilson

We're only beginning to learn the importance of healthy gut bacteria to our overall health—and the relationship between healthy soil and the human microbiome.

We know that the human microbiome, often referred to as our "second brain," plays a key role in our health, from helping us digest the food we eat, to boosting our brain function and regulating our immune systems.

Keep reading... Show less
Interior Sec. Ryan Zinke refused to meet with National Park System Advisory Board members last year, prompting most of them to quit. Gage Skidmore / Flickr

From National Parks to the EPA, Trump Administration Stiff-Arms Science Advisers

By Elliott Negin

The Trump administration's testy relationship with science reminds me of that old saying: Advice is least heeded when most needed.

Keep reading... Show less
Sponsored
Health
Shutterstock

8 Ways to Reduce Your Exposure to Hormone-Disrupting Chemicals

By Caroline Cox

What keeps you up at night? Sick kids, restless pets, the latest tragedy on the evening news, politics, wars, earthquakes, hurricanes, fires, money troubles, job stress, and family health and wellbeing? There is no shortage of concerns that make us all toss and turn.

But what keeps the chemical industry up at night? A couple of decades ago a senior Shell executive was asked this very question. The answer? Endocrine disruption.

Keep reading... Show less
Dave Atkinson / Flickr / CC BY-NC-ND 2.0

Why We'll March Again

This Sunday marks the first anniversary of the Women's March that happened on the day after Donald Trump's inauguration—the largest protest march in our nation's history. The Sierra Club was there that day, and we'll be there this year, too—at a significant moment for women's rights and justice.

Keep reading... Show less
Sponsored
Nils Axel-Morner gives an interview on the fringe of a meeting in Rome in October 2017. YouTube

Climate Denial Group Linked to Trump Admin Is Funding 'Research' on Sea Levels in Questionable Journals

By Graham Readfearn

A climate science denial group with links to President Trump's administration has been funding work to sow doubt that low-lying islands in the Pacific are at risk from rising sea levels.

The two researchers being funded—one of which is a well-known climate science denier—have targeted little known "open access" journals with dubious quality controls to get their work published, DeSmog has found.

Keep reading... Show less

It's Official: 2017 Was the Hottest Year Without an El Niño

The United Nations announced Thursday that 2017 was the hottest year on record without an El Niño event kicking up global annual temperatures.

Last year's average surface temperatures—driven by carbon dioxide and other greenhouse gas emissions—was 1.1 degree Celsius above pre-industrial times, putting the world on course to breach the internationally agreed "1.5°C" temperature barrier to avoid dangerous climate change set by the 2015 Paris climate agreement.

Keep reading... Show less
Sponsored

mail-copy

The best of EcoWatch, right in your inbox. Sign up for our email newsletter!