Kids Name Trump as Defendant in Landmark Climate Case
Youth plaintiffs in Juliana v. United States filed a notice Thursday with a federal court in Oregon, naming Donald J. Trump as a defendant in their landmark climate case on pace for trial this fall. Plaintiffs have substituted President Trump as a named party in place of former President Barack Obama under the Federal Rules.
Youth Seek Testimony From Exxon's #RexTillerson in Federal Climate Lawsuit https://t.co/xk9OyqVyqQ via @EcoWatch— The YEARS Project (@The YEARS Project)1483311009.0
In Juliana v. United States, 21 young plaintiffs sued the federal government for violating their constitutional rights and their rights to vital public trust resources. The complaint alleges the government locked in a fossil-fuel based national energy system for more than five decades with full knowledge of the extreme dangers it posed. The plaintiffs have been further emboldened by President Trump's blatant climate denial, inspiring them in their fight to secure climate justice and a safe future.
"I look forward to taking on the Trump administration, as I think our new president, of all people, needs to have his power checked," said Kiran Ooommen, 20-year-old plaintiff from Eugene, Oregon. "President Trump benefits financially from the fossil fuel industry, but his benefit comes at a heavy cost for the rest of us. The policies of the U.S. government that ignore the threat of climate change are only going to get worse under the new presidency, based on Trump's apparent lack of understanding of climate science and his plans to invest further in the fossil fuel industry."
Australia's Chief Scientist Compares #Trump to Stalin https://t.co/2lZGo8JePW @SierraClub @greenpeaceusa @NRDC @MarkRuffalo— EcoWatch (@EcoWatch)1486479601.0
"We are ready to bring this case to trial with President Trump as a defendant," said Julia Olson, counsel for plaintiffs and executive director and chief legal counsel at Our Children's Trust. President Trump will not be able to perpetuate climate denialism in a court of law. That's just not going to happen."
At the Feb. 7 case management conference, Federal Magistrate Judge Thomas Coffin made clear that the court will work closely with the parties throughout the pre-trial discovery process. He instructed all parties to prioritize expert discovery on the scientific components of the case and scheduled another status conference for March 8.
Judge Coffin encouraged all parties to streamline next steps to move the case to trial. At one point, Judge Coffin asked counsel for the fossil fuel industry if CO2 levels in the atmosphere are at 400 parts per million, as the federal government admitted. The fossil fuel attorneys responded that they did not know. Judge Coffin instructed counsel for the fossil fuel industry to determine whether they will contest facts that have been admitted by the federal government, including whether climate change is caused by burning fossil fuels.
At the end of the conference, counsel for the federal government surprised those in the courtroom when he stated the government is considering an early appeal of last fall's rulings denying motions to dismiss. Plaintiffs look forward to working diligently to complete discovery and have this case ready for trial in 2017.
On Jan. 24, lawyers for the youth plaintiffs notified the U.S. government that it must retain all documents, records and tangible things relating to the plaintiffs' claims in their complaint. On Monday, U.S. Environmental Protection Agency Acting Administrator Catherine McCabe confirmed that documents and records would not be destroyed. McCabe said: "We have taken no actions to delete data and we are taking steps to preserve and make available the scientific data and information that we have collected over the years …"
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By Kristen Fischer
It's going to be back-to-school time soon, but will children go into the classrooms?
The American Academy of Pediatrics (AAP) thinks so, but only as long as safety measures are in place.
Keeping Schools Safe<p>What will safer schools look like?</p><p>In a <a href="https://jamanetwork.com/journals/jama/fullarticle/2766822" target="_blank">JAMA article</a> published last month, <a href="https://www.jhsph.edu/faculty/directory/profile/1781/joshua-m-sharfstein" target="_blank">Dr. Joshua Sharfstein</a>, a pediatrician and professor at the Johns Hopkins Bloomberg School of Public Health, outlined suggestions — many of which are similar to AAP's.</p><p>Remote learning protocols must stay in place, especially as some schools stagger home and in-building learning. If another shutdown needs to occur, children will rely on distance learning completely, so it must be easy to switch to, he said.</p><p>He suggested giving parents a daily checklist to document their child's health. Kids should be screened quickly on arrival and be given hygiene supplies. Maintenance staff should use appropriate PPE and have regular cleaning schedules. A notification system should be in place if a case is identified, Sharfstein recommended.</p><p><a href="https://www.albany.edu/rockefeller/faculty/erika-martin" target="_blank">Erika Martin</a>, PhD, an associate professor of public administration and policy at University at Albany, said nutrition assistance and health services should be included. She called for tutoring programs with virtual options as well as technology access.</p>
Supporting Staff<p>Teachers and staff will be affected by safeguarding measures, noted <a href="https://directory.sph.umn.edu/bio/sph-a-z/rachel-widome" target="_blank">Rachel Widome</a>, PhD, an associate professor of epidemiology and community health at University of Minnesota.</p><p>"In order for all of the in-school precautions to work well, we'll be asking a lot of teachers and staff," Widome told Healthline. In addition to their usual workload, they'll now be asked to monitor mask-wearing, ensure children are keeping distance, and be aware of any symptoms.</p><p>Along with Sharfstein, Widome called for an increase in financial support. More employees will likely be required so teachers and staff members can keep up with the added demands.</p>
Should Kids Go Back?<p>While these guidelines may help get some schools to reopen, many people don't think children should go back to school over fears they could contract the disease and spread it to other vulnerable family members like grandparents, infant siblings, or their parents.</p><p>In a <a href="https://pediatrics.aappublications.org/content/early/2020/07/08/peds.2020-004879" target="_blank">Pediatrics</a> commentary, <a href="https://www.md.com/doctor/william-raszka-md" target="_blank">Dr. William V. Raszka, Jr.</a>, an infectious disease specialist at The University of Vermont Medical Center, argued that schools should open because school-aged children are far less important drivers of COVID-19 than adults.</p><p>But he says the risk and benefit is not equal among all students ages 5 to 18.</p><p>"Elementary schools are arguably higher priority for face-to-face schooling, since younger children are at lower risk for infection and transmission, and since parental supervision of younger children's distance learning may be particularly challenging," added Sorensen, who penned a <a href="https://jamanetwork.com/channels/health-forum/fullarticle/2767411" target="_blank">June article in JAMA</a> with reopening tips. "That means middle and high schools are more likely to emphasize distance learning."</p><p>Specific student populations, such as special education students and students with disabilities, would also benefit greatly from more time spent in face-to-face environments, Sorensen said.</p>
What Parents Can Do<p>Parents should ask for and receive frequent updates from schools about plans for the fall. They should also be informed about plans if and when COVID infections are identified, Sharfstein said.</p><p>"I'd like to see parents investing now, during the summer, in doing things that can slow and stop the spread of the virus in their communities," Widome said.</p><p>"Now is a good time for kids to practice wearing masks and get used to them as they may be wearing them for longer stretches if school starts up in person," Widome suggested.</p><p>She recommends parents try different mask designs and materials to see what children are more comfortable wearing.</p><p>"If you are using cloth face coverings, it's good to have extras on hand," Widome added.</p><p>Parents should model healthy behavior at home and while out in public — another thing that could affect how well children adapt to reopening practices, Sorensen said.</p><p>"Children may want to know more about face coverings," added <a href="https://www.linkedin.com/in/leescott/" target="_blank">Lee Scott</a>, chairwoman of the Educational Advisory Board at <a href="https://www.goddardschool.com/" target="_blank">The Goddard School</a>. "Dramatic play, such as creating or wearing a face covering, may help some children adjust to this concept." Schools can also show children photos of what faculty members look like in their masks so the students are familiar with that appearance.</p><p>Johns Hopkins University recently released its eSchool+ Initiative, a slew of resources surrounding education during the pandemic. These include a <a href="https://equityschoolplus.jhu.edu/reopening-checklist/" target="_blank">checklist for administrators</a>, report on <a href="https://equityschoolplus.jhu.edu/ethics-of-reopening/" target="_blank">ethical considerations</a>, and a tracker of <a href="https://equityschoolplus.jhu.edu/reopening-policy-tracker/" target="_blank">state and local reopening plans</a>.</p>
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By Eoin Higgins
Over 300 groups on Monday urged Senate leadership to reject a bill currently under consideration that would incentivize communities to sell off their public water supplies to private companies for pennies on the dollar.
<div id="fea63" class="rm-shortcode" data-rm-shortcode-id="9a6f211c2bc5aedd34837944cb8eeedf"><blockquote class="twitter-tweet twitter-custom-tweet" data-twitter-tweet-id="1281000111481294849" data-partner="rebelmouse"><div style="margin:1em 0">Water in Illinois is overwhelmingly public. Why is Tammy Duckworth sponsoring a bill that aims to change that? https://t.co/1V36Kkd99s</div> — The American Prospect (@The American Prospect)<a href="https://twitter.com/TheProspect/statuses/1281000111481294849">1594249201.0</a></blockquote></div>
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