Historic Youth Climate Lawsuit Poised to Advance
A landmark climate change lawsuit brought by a group of children appears poised to move forward after a Monday hearing at a federal appeals court, despite the Trump administration's efforts to dismiss the case.
Juliana v. United States was filed in 2015 on behalf of 21 young plaintiffs who argue that their constitutional and public trust rights are being violated by the government's creation of climate danger.
At the Ninth Circuit Court of Appeals in San Francisco, the three-judge panel heard oral arguments over whether President Donald Trump and his administration can evade a trial set for February.
In June, the government filed a petition for writ of mandamus with the Ninth Circuit Court of Appeals, seeking an extraordinarily rare review of a Nov. 10, 2016 decision by U.S. District Court Judge Ann Aiken to deny its motion to dismiss the case. The legal maneuver basically allows an appeals court to correct an abuse from a lower court.
U.S. Attorney Eric Grant told the judges that mandamus is justified by the kids' uncommon claims, as Courthouse News reported.
“According to plaintiffs' complaint, virtually every single inhabitant of the United States has standing to sue virtually the entire executive branch to enforce an unenumerated constitutional right to a climate system capable of sustaining human life," Grant said. “And to enforce that right by means of a judicial order, the defendants prepare and implement an enforceable national remedial plan to phase out fossil fuel emissions and draw down excess atmospheric CO2."
However, as Climate Liability News reporter Dana Drugmand pointed out, two out of the three judges appeared "sympathetic" to the plaintiffs' position that case should proceed.
Throwing the case out at this point "would open a judicial can of worms," Drugmand noted.
My latest piece, reporting on the landmark #youthvgov climate case oral arguments at Ninth Circuit court. At least… https://t.co/4x6mKk4B15— Dana Drugmand (@Dana Drugmand)1513052842.0
As Judge Marsha Berzon questioned at Monday's hearing, "If we grant the motion here, why don't we grant it to the next person who comes in and says the same thing?"
“We'd be absolutely flooded with appeals from people who think that their case should have been dismissed by the district court," Chief Judge Sidney Thomas added. “If we set the precedent on this kind of case, there's no logical boundary to it."
Julia Olson, executive director of Our Children's Trust and co-counsel, argued on behalf of the youth plaintiffs.
“Children are disproportionately experiencing the impacts of climate change, and will going forward," Olson said.
Olson asked the court to allow the case to move forward “so these young people can present their historic and scientific evidence and make their case."
Michael Gerrard, director of the Sabin Center for Climate Change Law at Columbia University, has been been following the case and explained to InsideClimate News that the judges' remarks suggested they would send the case back to the district court, thus allowing it to proceed.
"They said it's too early to be here," Gerrard said.
This week marks the official start of fall, but longer nights and colder days can make it harder to spend time outdoors. Luckily, there are several inspiring environmental films that can be streamed at home.
1. Kiss the Ground<span style="display:block;position:relative;padding-top:56.25%;" class="rm-shortcode" data-rm-shortcode-id="ccc5f0c92a5603e68aec39e56b0db02a"><iframe lazy-loadable="true" src="https://www.youtube.com/embed/K3-V1j-zMZw?rel=0" width="100%" height="auto" frameborder="0" scrolling="no" style="position:absolute;top:0;left:0;width:100%;height:100%;"></iframe></span><p><strong>Streaming On: Netflix</strong></p><p><strong>Premiere Date: Sept. 22</strong></p><p>Between <a href="https://www.ecowatch.com/wildfires-california-washington-oregon-photos-2647585008.html" target="_self">wildfires devastating the U.S. West Coast</a> and <a href="https://www.ecowatch.com/tropical-storm-beta-landfall-2647760268.html" target="_self">storms battering the Gulf</a>, the impacts of the <a href="https://www.ecowatch.com/climate-change/" target="_self">climate crisis</a> can feel overwhelming right now. <em><a href="https://kissthegroundmovie.com/" rel="noopener noreferrer" target="_blank">Kiss the Ground</a> </em>offers an alternative to all of the bad news by focusing on solutions.</p><p>The film, directed by Josh and Rebecca Tickell and narrated by Woody Harrelson, explains how we can heal the Earth through "regenerative agriculture," farming practices that draw carbon dioxide from the atmosphere and into soil as a way to restore soil health, which in turn boosts ecosystems and food supplies.</p><p>"<em>Kiss the Ground </em>shows how feasible it is to make these changes at a grassroots level immediately and make a truly substantive impact with low cost and easy to implement solutions," Executive Producer RJ Jain said in an email. "This is why I got involved."</p>
2. Public Trust: The Fight for America's Public Lands<span style="display:block;position:relative;padding-top:56.25%;" class="rm-shortcode" data-rm-shortcode-id="5338f7a2931e356910026e5fd76fac56"><iframe lazy-loadable="true" src="https://www.youtube.com/embed/jsKMTAaj_wQ?rel=0" width="100%" height="auto" frameborder="0" scrolling="no" style="position:absolute;top:0;left:0;width:100%;height:100%;"></iframe></span><p><strong>Streaming On: YouTube</strong></p><p><strong>Premiere Date: Sept. 25, 2 p.m. EDT </strong></p><p>This <a href="https://www.patagonia.com/films/public-trust/" target="_blank">award-winning documentary</a> tells the stories of Indigenous activists, journalists, whistleblowers and historians working to protect America's <a href="https://www.ecowatch.com/tag/public-lands" target="_self">public lands</a>. The film focuses on three political struggles: the shrinking of <a href="https://www.ecowatch.com/tag/bears-ears" target="_self">Bears Ears</a> National Monument in Utah, the mining of Boundary Waters Wilderness in Minnesota and the opening of the <a href="https://www.ecowatch.com/tag/Arctic-National-Wildlife-Refuge" target="_self">Arctic National Wildlife Refuge</a> to fossil fuel exploration.</p><p><em>Public Trust</em> was directed by David Garrett Byars and produced by Jeremy Rubingh. Patagonia Films, Patagonia founder Yvon Chouinard and actor Robert Redford are executive producers. It will be <a href="https://www.youtube.com/watch?v=OGjnIG7puzY" rel="noopener noreferrer" target="_blank">released</a> on YouTube in time for <a href="https://www.ecowatch.com/national-public-lands-day-2640656776.html" target="_self">National Public Lands Day</a>.</p><p>"Our country is fortunate to have millions of acres of public lands, including National Parks, Monuments, Wildlife Refuges and Wilderness set aside for future generations," Redford said. "Sadly, these lands that belong to you and me are under unprecedented threats from the greed of big corporations, eager to weaken restrictions in the pursuit of profits. Many of our current politicians are also to blame. <em>Public Trust</em> tells the story of citizens who are fighting back. It's a much-needed wake-up call for all of us who want to preserve our unique and wild cultural heritage."</p>
3. David Attenborough: A Life on Our Planet<span style="display:block;position:relative;padding-top:56.25%;" class="rm-shortcode" data-rm-shortcode-id="156438a30836a765d7a92982545fc334"><iframe lazy-loadable="true" src="https://www.youtube.com/embed/B_OFZvAd05Y?rel=0" width="100%" height="auto" frameborder="0" scrolling="no" style="position:absolute;top:0;left:0;width:100%;height:100%;"></iframe></span><p><strong>Streaming On: Netflix</strong></p><p><strong>Premiere Date: Oct. 4</strong></p><p>Beloved nature broadcaster <a href="https://www.ecowatch.com/tag/David-Attenborough" target="_self">David Attenborough</a> has spent his career introducing viewers to the wonders of our planet. In recent years, his footage of albatrosses swallowing <a href="https://www.ecowatch.com/tag/plastics" target="_self">plastic</a> in <em>Blue Planet II</em> has been credited with <a href="https://www.ecowatch.com/2018-fighting-plastic-waste-2624606566.html" target="_self">helping to ramp up</a> the global fight against plastic pollution. Now, in this <a href="https://www.wwf.org.uk/" rel="noopener noreferrer" target="_blank">World Wildlife Fund</a> (WWF)-produced <a href="https://www.attenborough.film/" rel="noopener noreferrer" target="_blank">documentary</a>, he reflects on the defining moments of his career and the devastating changes he has witnessed.</p><p><em>David Attenborough: A Life on Our Planet,</em> which was also produced by Silverback Films and directed by Alastair Fothergill, Jonnie Hughes and Keith Scholey, features an intimate conversation between Attenborough and Sir Michael Palin as the broadcaster reflects on his life and a career that took him to every continent on Earth. In addition to streaming on Netflix, the movie will be available in select theaters starting Sept. 28.</p><p>"For decades, David has brought the natural world to the homes of audiences worldwide, but there has never been a more significant moment for him to share his own story and reflections," WWF executive producer Colin Butfield said in a <a href="https://www.wwf.org.uk/updates/david-attenborough-life-our-planet" target="_blank">statement</a>. "This film coincides with a monumental year for environmental action as world leaders make critical decisions on nature and climate. It sends a powerful message from the most inspiring and celebrated naturalist of our time."</p>
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By Maria Trimarchi and Sarah Gleim
If all the glaciers and ice caps on the planet melted, global sea level would rise by about 230 feet. That amount of water would flood nearly every coastal city around the world [source: U.S. Geological Survey]. Rising temperatures, melting arctic ice, drought, desertification and other catastrophic effects of climate change are not examples of future troubles — they are reality today. Climate change isn't just about the environment; its effects touch every part of our lives, from the stability of our governments and economies to our health and where we live.
<p>Why environmental refugees flee their homes is a complicated mixture of environmental degradation and desperate socioeconomic conditions. People leave their homes when their livelihoods and safety are jeopardized. What effects of climate change put them in jeopardy? Climate change triggers, among other problems, desertification and drought, <a href="https://science.howstuffworks.com/environmental/green-science/deforestation.htm" target="_blank">deforestation</a>, land degradation, rising sea levels, <a href="https://science.howstuffworks.com/nature/natural-disasters/flood.htm" target="_blank">floods</a>, more frequent and more extreme storms, <a href="https://science.howstuffworks.com/nature/natural-disasters/earthquake.htm" target="_blank">earthquakes</a>, <a href="https://science.howstuffworks.com/nature/natural-disasters/volcano.htm" target="_blank">volcanoes</a>, food insecurity and famine.</p><p>The September <a href="http://visionofhumanity.org/app/uploads/2020/09/ETR_2020_web-1.pdf" target="_blank">2020 Ecological Threat Register Report</a>, by the Institute for Economics & Peace, predicts the hardest hit populations will be:</p><ul><li>Sub-Saharan Africa, South Asia, the Middle East and North Africa</li><li>Afghanistan, Syria, Iraq, Chad, India and Pakistan (which are among the world's least peaceful countries)</li><li>Pakistan, Ethiopia and Iran are most at risk for mass displacements</li><li>Haiti faces the highest risk of all countries in Central America and the Caribbean</li><li>India and China will be among countries experiencing high or extreme water stress</li></ul>
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