Kids Get Day in Court, Accuse State for Failing to Take Climate Action
Judge Hollis Hill ruled Monday that the youths who sued the Department of Ecology for failing to take action on climate change can again move forward, now with a constitutional climate rights claim that adds the state of Washington and Gov. Jay Inslee as defendants. The court granted the youth's request "due to the emergent need for coordinated science based action by the state of Washington to address climate change before efforts to do so are too costly and too late."
"It is time for these youth to have the opportunity to address their concerns in a court of law, concerns raised under statute and under the state and federal constitution," reads Judge Hill's order.
The ruling follows a November hearing at which eight petitioners between the ages of 12 and 16 asked the court to find the Department of Ecology in contempt for failing to fulfill orders from April 2016 and November 2015, to protect the constitutional rights of young people and future generations to a stable climate.
Judge Hill denied the contempt motion because the Department of Ecology met the court's procedural deadline to issue the Clean Air Rule, but granted the youths request to add claims that the state of Washington and Gov. Inslee violated the Washington state constitution and the public trust doctrine so the youths will "have their day in court." The ruling now paves the way for the youth to prove "their government has failed and continues to fail to protect them from global warming" and get the full remedy they seek against the state and Gov. Inslee.
8 Kids Submit Blueprint on How to Put Washington on a Path Toward #Climate Stability https://t.co/tQR5Q1Ef0w @billmckibben @350 @sierraclub— EcoWatch (@EcoWatch)1469540604.0
Judge Hill's decision comes on the heels of the Department of Ecology making recommendations for new legislative greenhouse gas emissions limits for Washington state that top U.S. climate scientists say would lead to catastrophic levels of atmospheric carbon dioxide. The limits endorsed by the Department of Ecology, carbon dioxide levels of 450 parts per million (ppm) and warming of 2 C, are not based on science and will not protect the youths' fundamental rights.
Today's best available science concludes 350 ppm and long-term heating of no more than 1 C with a maximum peak of 1.5 C are the best standards. The 2 C number many governments rely upon in setting emissions targets was arbitrarily selected over a decade ago as a political compromise, and was never intended to be a science-based target.
"All these kids want is the opportunity to present the science to the court because the government leaders of today have failed to implement climate policies that scientists and experts say are needed to protect the rights of young people and future generations," said Andrea Rodgers, the Western Environmental Law Center attorney who represents the youths.
"The climate crisis is not easy to solve, but Washington cannot continue to take actions and pursue policies that lock in dangerous levels of carbon dioxide emissions."
Judge Hill's order cited U.S. District Court Judge Ann Aiken's Nov. 10 decision in Juliana v. U.S., that rejected all arguments to dismiss the federal climate lawsuit brought by 21 youths against the U.S. and the fossil fuel industry:
"[T]hat where a complaint alleges government action is affirmative and substantially damaging the climate system in a way that will cause human deaths, shorten human lifespans, result in widespread damage to property, threaten human food sources, and dramatically alter the planet's ecosystem, it states a claim for due process violation."
Victory for America's Youth: Federal Judge Rules Climate Lawsuit Can Proceed https://t.co/iXxiZvf5Nf @climatecouncil @energyaction— EcoWatch (@EcoWatch)1478913606.0
Juliana v. U.S. is on track for trial in 2017, with defendants including President-elect Donald Trump's administration and the fossil fuel industry. Now, the administrations of President-elect Trump and Gov. Inslee face trials in separate courtrooms resulting from youth-based lawsuits simply seeking to stop government from exacerbating climate change and instead develop and implement plans for climate recovery based on science.
In addition to the Washington state and federal cases, Our Children's Trust supports legal actions in several other states as well as internationally, all seeking to secure the legal rights of future generations to a safe climate.
"Courts are increasingly recognizing the urgent need for science-based climate action by governments and putting on trial the lack of political will to address the crisis that most threatens our children," said Julia Olson, executive director of Our Children's Trust.
"Significantly, our co-equal third branch of government is stepping in to protect the constitutional rights of young people before it is too late to act."
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A herdsman in the Chinese autonomous region of Inner Mongolia was diagnosed with the bubonic plague Sunday, The New York Times reported.
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By Matt Kasson, Brian Lovett and Carolee Bull
Home gardening is having a boom year across the U.S. Whether they're growing their own food in response to pandemic shortages or just looking for a diversion, numerous aspiring gardeners have constructed their first raised beds, and seeds are flying off suppliers' shelves. Now that gardens are largely planted, much of the work for the next several months revolves around keeping them healthy.
Start With Prevention<p>Just as preventive steps like maintaining a balanced diet help keep humans healthy, home growers can take many actions to help their gardens thrive.</p><p>One key step is assessing soil fertility – the ability of soil to sustain plant growth – which can vary widely depending on your location and soil type. Low soil fertility limits food production and predisposes plants to disease and pests. University extension <a href="https://soiltesting.wvu.edu/" target="_blank">soil testing labs</a> can help evaluate the quality of garden soil and identify nutrient deficiencies and acidic soils, often at no charge.</p>
Using weed barrier landscape cloth for planting rows and mulching between rows is an effective way to suppress weeds. Matt Kasson, CC BY-ND
Diagnosing Problems<p>Common plant pathogens include <a href="https://www.apsnet.org/edcenter/disandpath/viral/introduction/Pages/PlantViruses.aspx" target="_blank">viruses</a>, <a href="https://www.apsnet.org/edcenter/disandpath/prokaryote/intro/Pages/Bacteria.aspx" target="_blank">bacteria</a>, <a href="https://www.apsnet.org/edcenter/disandpath/nematode/intro/Pages/IntroNematodes.aspx" target="_blank">nematodes</a>, <a href="https://www.apsnet.org/edcenter/disandpath/oomycete/introduction/Pages/IntroOomycetes.aspx#:%7E:text=The%20oomycetes%2C%20also%20known%20as,foliar%20blights%20and%20downy%20mildews." target="_blank">oomycetes</a> and <a href="https://www.apsnet.org/edcenter/disandpath/fungalasco/intro/Pages/IntroFungi.aspx" target="_blank">fungi</a>. All of these microorganisms, especially at an early stage of infection, are too small to see. But when they proliferate, they cause changes in plants that we can recognize.</p><p>Unlike insects, which move around on six legs or on wings through the air, pathogens can move unseen and unchecked from leaf to leaf on the wind, through the soil or in droplets of water. Some microbes have even formed intimate relationships with insects and use them as vehicles to move from plant to plant, which makes these pathogens even more challenging to manage. Unfortunately, by the time some pathogens make their presence known, the damage is already done.</p><p>We recently conducted a <a href="https://twitter.com/kasson_wvu/status/1265989041725624323" target="_blank">Twitter poll</a> of gardeners nationwide to find out which culprits plagued their gardens. People named <a href="https://ento.psu.edu/extension/factsheets/aphids" target="_blank">aphids</a>, <a href="https://ento.psu.edu/extension/factsheets/squash-vine-borer" target="_blank">squash vine borers</a>, <a href="https://ento.psu.edu/extension/factsheets/squash-bug" target="_blank">squash bugs</a> and <a href="https://ento.psu.edu/extension/factsheets/flea-beetle" target="_blank">flea beetles</a> as the most problematic insect pests. Their most troublesome pathogens included <a href="https://extension.wvu.edu/lawn-gardening-pests/plant-disease/fruit-vegetable-diseases/powdery-mildew" target="_blank">powdery mildew</a>, <a href="https://plantpath.ifas.ufl.edu/rsol/Trainingmodules/BWTomato_Module.html" target="_blank">tomato bacterial wilt</a> and <a href="https://extension.wvu.edu/lawn-gardening-pests/plant-disease/fruit-vegetable-diseases/downy-mildew" target="_blank">cucurbit downy mildew</a>.</p><p>To manage such perennial challenges, the first step is to spend time closely looking at your plants. Do you notice any insects consistently hanging around, or molds colonizing leaves or other plant parts? How about symptoms such as blight, stunting, or leaves that are yellowing, browning or wilting?</p>
This white fungal growth is an early sign of powdery mildew on a leaf of susceptible summer squash. Matt Kasson, CC BY-ND
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By Emma Charlton
The effects of climate change may more far-reaching than you think.
Hotter temperatures have been linked to a rise in energy poverty, with more people struggling to meet their energy bills from their household income, according to a new study published on ScienceDirect by researchers from Italy's Ca' Foscari University.
Value of air conditioning imports in selected OECD countries. ScienceDirect
The ‘Golden Thread’<p>The <a href="https://www.endenergypoverty.org/reports" target="_blank">Global Commission to End Energy Poverty</a> calls access to energy the "golden thread" that weaves together economic growth, human development, and environmental sustainability. And one of the <a href="https://www.weforum.org/agenda/archive/sdg-07-affordable-and-clean-energy" target="_blank">United Nations' Sustainable Development Goals</a> is to ensure access to affordable, reliable, sustainable and modern energy for all by 2030.</p><p>Sustainability also has a large role to play in the future of energy and failing to embed green policies in COVID-19 stimulus packages and underinvesting in green infrastructure are current risks, according to the <a href="http://www3.weforum.org/docs/WEF_COVID_19_Risks_Outlook_Special_Edition_Pages.pdf" target="_blank">World Economic Forum</a>.</p><p>In its vision for a 'Great Reset' – building a better world after the pandemic – the Forum and the IMF jointly backed the <a href="https://www.weforum.org/agenda/2020/06/end-fossil-fuel-subsidies-economy-imf-georgieva-great-reset-climate/" target="_blank">transition to a green economy</a> and called for an end to fossil fuel subsidies.</p>
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The World Health Organization (WHO) is holding the line on its stance that the respiratory droplets of the coronavirus fall quickly to the floor and are not infectious. Now, a group of 239 scientists is challenging that assertion, arguing that the virus is lingering in the air of indoor environments, infecting people nearby, as The New York Times reported.
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Scores of people remained stranded in southern Japan on Sunday after heavy rain the day before caused deep flooding and mudslides that left at least 34 people confirmed or presumed dead.
Care Home Inundated<p>Altogether 16 residents at an elderly care home in Kuma Village are presumed dead after the facility was flooded by water and mud.</p><p>Fifty-one other residents have been rescued by boats and taken to hospitals for treatment, officials said.</p><p>Eighteen other people elsewhere have been confirmed dead, while more than a dozen others were still missing as of Sunday afternoon.</p><p>The Fire and Disaster Management Agency said many others were still waiting to be rescued from other inundated areas.</p><p>Hitoyoshi City was also badly affected by flooding, as rains in the prefecture exceeded 100 millimeters (4 inches) per hour at their height.</p>
More Rain Forecast<p>The disaster in the Kumamoto prefecture on Kyushu island is the worst natural catastrophe since Typhoon Hagibis in October last year, which cost the lives of 90 people.</p><p>Although residents in Kumamoto prefecture were advised to evacuate their homes following the downpours on Friday evening into Saturday, many people chose not to leave for fear of contracting the coronavirus.</p><p>Officials say, however, that measures are in place at shelters to prevent the transmission of the disease.</p><p>More rain is predicted in the region, and the Japan Meteorological Agency has warned of the danger of further mudslides.</p>
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