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

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.

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.

Show Comments ()

EcoWatch Daily Newsletter

Sponsored
Climate
Some of the young plaintiffs in landmark climate case Juliana v. United States. Our Children's Trust

Supreme Court Puts Historic Youth Climate Lawsuit on Hold

The U.S. Supreme Court put a landmark climate case on pause Friday while it considers a last-ditch attempt by the Trump administration to stop it from proceeding to trial, Climate Liability News reported.

Keep reading... Show less
Climate
Annette Bernhardt / Flickr / CC BY-SA 2.0

3 Things You Can Do to Help Avoid Climate Disaster

By Stephanie Feldstein

The Intergovernmental Panel on Climate Change released a dire warning last week: We need to cut greenhouse gas emissions, and we need to do it fast to avoid catastrophic climate change.

Keep reading... Show less
Politics
Jess Lundgren / CC BY 2.0

The Trump Administration’s ‘Dishonest’ Attack on Fuel-Economy Standards

By John R. Platt

The Trump administration's plan to freeze fuel-economy standards is "the most spectacular regulatory flip-flop in history," said a retired EPA engineer who helped to develop new the standards under the Obama administration.

Keep reading... Show less
Adventure
Lizzie Carr traveling down the Hudson River on her stand-up paddleboard. Max Guliani / The Hudson Project

Her Stand-Up Paddleboard Is a Platform for Campaigning Against Plastic Pollution

By Patrick Rogers

Lizzie Carr was navigating a stretch of the Hudson River north of Yonkers, New York, recently when she spotted it—a hunk of plastic so large and out of place that she was momentarily at a loss to describe it.

Keep reading... Show less
Sponsored
Science
The Ross Ice Shelf at the Bay of Whales. Michael Van Woert, NOAA

Scientists Study Ice Shelf by Listening to Its Changing Sounds

By Marlene Cimons

Researchers monitoring vibrations from Antarctica's Ross Ice Shelf were flabbergasted not long ago to hear something unexpected—the ice was "singing" to them. "We were stunned by a rich variety of time-varying tones that make up this newly described sort of signal," said Rick Aster, professor of geosciences at Colorado State University, one of the scientists involved in the study.

Keep reading... Show less
Politics
DSLRVideo.com / Flicker / CC BY-SA 2.0

'Go Out and Vote' Patagonia Endorses Candidates for First Time in Its History

Outdoor brand Patagonia is endorsing candidates for the first time in its history in an effort to protect the country's at-risk public lands and waters.

The civic-minded retailer is backing two Democrats in two crucial Senate races: the re-election of Sen. Jon Tester of Montana; and Rep. Jacky Rosen, who is trying to unseat Republican Sen. Dean Heller in Nevada.

Keep reading... Show less
Sponsored
Animals
Desert Bighorn Sheep in Joshua Tree National Park. Kjaergaard / CC BY 3.0

Leaked Trump Administration Memo: Keep Public in Dark About How Endangered Species Decisions Are Made

In a Trump administration memorandum leaked to the Center for Biological Diversity, the U.S. Fish and Wildlife Service is directing its staff to withhold, or delay releasing, certain public records about how the Endangered Species Act is carried out. That includes records where the advice of career wildlife scientists may be overridden by political appointees in the Trump administration.

Keep reading... Show less
Popular
Disposable diapers add staggering amounts of waste to landfills. Pxhere

Dirty Diapers Could Be Recycled Into Fabrics, Furniture Under P&G Joint Venture

Disposal diapers can take an estimated 500 years to decompose. That means if Henry VIII wore disposables, they'd probably still be around today.

Although throwaway nappies are undoubtedly convenient, these mostly-synthetic items cause never-ending steams of waste that will take centuries to disappear.

Keep reading... Show less
Sponsored

mail-copy

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