Kids Climate Lawsuit Heads to Trial, Judge Denies Trump Administration's Appeal
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."
"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.
Santa Barbara Becomes First California City to Pass Resolution Against Offshore Oil and Gas Drilling
The Santa Barbara City Council approved a resolution Tuesday opposing new drilling off the California coast and fracking in existing offshore oil and gas wells. The resolution is the first in a new statewide campaign to rally local governments against proposals to expand offshore fossil fuel extraction in federal waters.
The vote—which makes Santa Barbara the first California city to oppose both fracking and new offshore drilling—follows President Trump's April 28 executive order urging federal agencies to expand oil and gas leasing in federal waters. The order could expose the Pacific Ocean to new oil leasing for the first time in more than 30 years.
Starting Wednesday, the vast majority of Americans can learn about every potentially harmful chemical in their drinking water and what scientists say are the safe levels of those contaminants. The Environmental Working Group's (EWG) new national Tap Water Database is the most complete source available on the quality of U.S. drinking water, aggregating and analyzing data from almost 50,000 public water systems in all 50 states and the District of Columbia.
The organization has earned a reputation for ambitious data-mining research projects that shake up policy debates and consumer markets. EWG's online Farm Subsidy Database, listing millions of subsidy recipients, and its Skin Deep guide to more than 70,000 personal care products, draw tens of millions of visitors every year.
By Stacy Malkan
Ever since they classified the world's most widely used herbicide as "probably carcinogenic to humans," a team of international scientists at the World Health Organization's (WHO) cancer research group have been under withering attack by the agrichemical industry and its surrogates.
In a front-page series, The Monsanto Papers, the French newspaper Le Monde described the attacks as "the pesticide giant's war on science," and reported, "to save glyphosate, the firm [Monsanto] undertook to harm the United Nations agency against cancer by all means."
The lengthy report from the Energy and Policy Institute uses reams of archival documents to demonstrate that utility industry representatives knew as far back as 1968 that burning fossil fuels could trigger "catastrophic effects" on the climate.
By Sharon Kelly
The Pennsylvania's Environmental Hearing Board ordered Sunoco Pipeline LP Tuesday to temporarily halt some types of work on a $2.5 billion pipeline project designed to carry 275,000 barrels a day of butane, propane and other liquid fossil fuels from Ohio and West Virginia, across Pennsylvania, to the Atlantic coast.
On July 19, three environmental groups presented Judge Bernard Labuskes, Jr. with documentation showing that the project had caused dozens of drilling fluid spills and other accidents between April and mid-June.
By Andy Rowell
The UK has followed France in banning the sale of new petrol and diesel cars by 2040, as part of its plan to tackle chronic air pollution in cities. The government has been coming under intense pressure to act, with an estimated 40,000 people dying prematurely a year from air pollution.
By Colleen Curry
People traveling across America today can, if they're lucky, pitch a tent in the same exact spot that early American explorers and map-makers Lewis and Clark did, amid the jagged rocks and sweeping plains of the Upper Missouri River Breaks in central Montana.
Brent Rose, a journalist and filmmaker who has been traveling around the U.S. in a van for two years, was one of the lucky ones.
Kyara, a killer whale born at SeaWorld San Antonio just three months ago, died Monday at the park, as reported in this video from Newsy. Kyara is the last orca to be born in captivity under the SeaWorld breeding program, which shut down in 2016.
In a statement, SeaWorld said the cause of death was "likely pneumonia" and that "Kyara had faced some very serious and progressive health issues over the last week."