Quantcast

Historic Youth Climate Lawsuit Poised to Advance

Climate
Julia Olson (center) and young plaintiffs. Robin Loznak

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.

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.

EcoWatch Daily Newsletter

By Anita Desikan

The Trump administration is routinely undermining your ability — and mine, and everyone else's in this country — to exercise our democratic rights to provide input on the administration's proposed actions through the public comment process. Public comments are just what they sound like: an opportunity for anyone in the public, both individuals and organizations, to submit a comment on a proposed rule that federal agencies are required by law to read and take into account. Public comments can raise the profile of an issue, can help amplify the voices of affected communities, and can show policymakers whether a proposal has broad support or is wildly unpopular.

Read More Show Less
Alena Gamm / EyeEm / Getty Images

By Katey Davidson, MScFN

Bananas are one of the world's most popular fruits.

Read More Show Less
Sponsored
The Climate Reality Project

Picture this: a world where chocolate is as rare as gold. No more five-dollar bags of candy on Halloween. No more boxes of truffles on Valentine's day. No more roasting s'mores by the campfire. No more hot chocolate on a cold winter's day.

Who wants to live in a world like that?

Read More Show Less
PxHere

By Lisa Wartenberg, MFA, RD, LD

Honey and vinegar have been used for medicinal and culinary purposes for thousands of years, with folk medicine often combining the two as a health tonic (1Trusted Source).

Read More Show Less
Fabian Krause / EyeEm / Getty Images

By Elizabeth Streit, MS, RDN, LD

Paprika is a spice made from the dried peppers of the plant Capsicum annuum.

Read More Show Less
Sponsored
Water protectors of all persuasions gathered in talking circles at Borderland Ranch in Pe'Sla, the heart of the sacred Black Hills, during the first Sovereign Sisters Gathering. At the center are Cheryl Angel in red and white and on her left, Lyla June. Tracy Barnett

By Tracy L. Barnett

Sources reviewed this article for accuracy.

For Sicangu Lakota water protector Cheryl Angel, Standing Rock helped her define what she stands against: an economy rooted in extraction of resources and exploitation of people and planet. It wasn't until she'd had some distance that the vision of what she stands for came into focus.

Read More Show Less
Hedges, 2019 © Hugh Hayden. All photos courtesy of Lisson Gallery

By Patrick Rogers

"I'm really into trees," said the sculptor Hugh Hayden. "I'm drawn to plants."

Read More Show Less
BruceBlock / iStock / Getty Images

By Jillian Kubala, MS, RD

Thanks to their high concentration of powerful plant compounds, foods with a natural purple hue offer a wide array of health benefits.

Read More Show Less