Quantcast
Environmental News for a Healthier Planet and Life

Kids Climate Lawsuit Heads to Trial, Judge Denies Trump Administration's Appeal

Popular
Oregon Sen. Ron Wyden high-fives one of the plaintiffs in the Our Children's Trust lawsuit. John Light

U.S. District Court Judge Ann Aiken issued an order Thursday denying motions filed by the Trump administration and the fossil fuel industry that sought to appeal her Nov. 10, 2016 order in Juliana v. United States to the Ninth Circuit Court of Appeals.

The order follows the Trump administration's remarkable Tuesday night filing of a notice giving Judge Aiken a deadline of June 9 to issue her order.


In that notice, the Department of Justice threatened, "In the absence of such resolution by this Court, the United States will seek … review and relief in the Court of Appeals." The Trump administration is alluding to an intention to seek a writ of mandamus, an extraordinary remedy that is rarely granted, from the higher court.

"We are on our way to trial!" said Julia Olson, co-lead counsel for plaintiffs and executive director of Our Children's Trust. "With industry walking away from the case and the Trump administration's effort at procedural delay firmly rejected, we can focus on the merits of these youths' constitutional claims."

From Judge Aiken's June 8 order:

"Defendants' threat to run directly to the Ninth Circuit if this Court does not abide by a unilaterally imposed 'deadline' is another matter … belief that it is legally entitled to an immediate ruling on a motion it submitted three months ago is rather ironic given that it waited four months to file the request for interlocutory certification in the first place."

Judge Aiken's order was an adoption of the May 1 findings and recommendation issued by Magistrate Judge Thomas Coffin, who is overseeing the pretrial and discovery portion of the case. Judge Coffin has ruled that an interlocutory appeal "would put the cart before the horse, and thus fail to satisfy the standards for interlocutory appeal."

"The more evidence we gather for our case, the more I realize how decisively we can win at trial," said 20-year-old Alex Loznak of Roseburg, Oregon, one of 21 youth plaintiffs. "It's no wonder the Trump administration wants to avoid the trial by seeking an unwarranted, premature appeal. Today's ruling brings us one step closer to trial and to winning our lawsuit."

Justice Anthony Kennedy, writing for the majority of the Supreme Court, has explained that mandamus is a "drastic and extraordinary remedy" reserved for "only exceptional circumstances." Cheney v. U.S. Dist. Court for D.C., 542 U.S. 367, 380 (2004).

Last month, motions were filed by three fossil fuel industry intervenor-defendants: the National Association of Manufacturers, the American Petroleum Institute, and the American Fuel & and Petrochemical Manufacturers, requesting the court's permission to withdraw from the litigation. For any defendant to leave the litigation, U.S. Magistrate Judge Thomas Coffin must grant permission. That matter is still pending.

Juliana v. United States was brought by 21 young plaintiffs who argue that their constitutional and public trust rights are being violated by the government's creation of climate danger. The case is one of many related legal actions brought by youth in several states and countries, all supported by Our Children's Trust, seeking science-based action by governments to stabilize the climate system.

EcoWatch Daily Newsletter

Moroccan patients who recovered from the novel coronavirus disease celebrate with medical staff as they leave the hospital in Sale, Morocco, on April 3, 2020. AFP / Getty Images

By Tom Duszynski

The coronavirus is certainly scary, but despite the constant reporting on total cases and a climbing death toll, the reality is that the vast majority of people who come down with COVID-19 survive it. Just as the number of cases grows, so does another number: those who have recovered.

In mid-March, the number of patients in the U.S. who had officially recovered from the virus was close to zero. That number is now in the tens of thousands and is climbing every day. But recovering from COVID-19 is more complicated than simply feeling better. Recovery involves biology, epidemiology and a little bit of bureaucracy too.

Read More Show Less
Reef scene with crinoid and fish in the Great Barrier Reef, Australia. Reinhard Dirscherl / ullstein bild / Getty Images

By Elizabeth Claire Alberts

The future for the world's oceans often looks grim. Fisheries are set to collapse by 2048, according to one study, and 8 million tons of plastic pollute the ocean every year, causing considerable damage to delicate marine ecosystems. Yet a new study in Nature offers an alternative, and more optimistic view on the ocean's future: it asserts that the entire marine environment could be substantially rebuilt by 2050, if humanity is able to step up to the challenge.

Read More Show Less
Sponsored
A daughter touches her father's head while saying goodbye as medics prepare to transport him to Stamford Hospital on April 02, 2020 in Stamford, Connecticut. He had multiple COVID-19 symptoms. John Moore / Getty Images

Across the country, the novel coronavirus is severely affecting black people at much higher rates than whites, according to data released by several states, as The New York Times reported.

Read More Show Less
Four rolls of sourdough bread are arranged on a surface. Photo by Laura Chase de Formigny and food styling by Lisa Cherkasky for The Washington Post / Getty Images

By Zulfikar Abbany

Bread has been a source of basic nutrition for centuries, the holy trinity being wheat, maize and rice. It has also been the reason for a lot of innovation in science and technology, from millstones to microbiological investigations into a family of single-cell fungi called Saccharomyces.

Read More Show Less

Trending

A coral reef in Egypt's Red Sea. Tropical ocean ecosystems could see sudden biodiversity losses this decade if emissions are not reduced. Georgette Douwma / Stone / Getty Images

The biodiversity loss caused by the climate crisis will be sudden and swift, and could begin before 2030.

Read More Show Less