Quantcast
Climate

Landmark Youth Climate Lawsuit Heads to Federal Appeals Court

There has been a significant development in the constitutional climate change lawsuit so far successfully prosecuted by 21 youth plaintiffs: The Ninth Circuit Court of Appeals has decided to hear oral argument over whether the Trump administration can evade trial currently set for Feb. 5, 2018. Oral arguments will be heard before the Ninth Circuit Court of Appeals in San Francisco on Dec. 11 and can be watched on a live stream beginning at 10 a.m. PST.


The subject of oral arguments will be the Trump administration's extraordinary mandamus petition filed in June, which seeks the Ninth Circuit's review of U.S. District Court Judge Ann Aiken's 2016 denial of motions to dismiss in Juliana v. United States. In their petition, Trump, et al., claim irreparable harm for having to participate in the ordinary pre-trial discovery process and go to trial. The next step in the case would ordinarily be for the Trump administration to face the youth and their scientific evidence at trial, and then later appeal an adverse ruling after a final judgement in the case.

"We look forward to the opportunity to argue this case before the Ninth Circuit so that we can move quickly to trial," Julia Olson, co-counsel for plaintiffs and executive director of Our Children's Trust, said. "The Trump administration should not be able to dodge judicial review of such egregious constitutional infringements of these young people's liberties."

"They are knowingly destroying our climate system and the healthy futures for our young plaintiffs. This administration can respond to the limited discovery we seek, and put on its junk climate science at trial in a court of law. What it can't do is shut the courthouse doors to real constitutional injuries brought by these young people. We believe the Ninth Circuit will be the bulwark against their dodge and evade tactics," Olson added.

"Every week, or even every day, that our trial is delayed is time I spend further worrying about the stability of our climate system and the security of my future," Kelsey Juliana, 21-year-old named plaintiff from Eugene, Oregon, said. "I'm excited for the Ninth Circuit judges to hear from my lawyers, and to have our case in front of them. Another step forward, onwards to climate and constitutional Justice!"

In July, a three judge panel of the Ninth Circuit, consisting of judges Alfred Goodwin, Alex Kozinski and Marsha Berzon, placed a temporary stay on the district court proceedings and ordered briefings on the mandamus petition.

In September, legal scholars, religious, women's, libertarian, and environmental groups, and legal nonprofits filed eight separate amicus curiae (friend of the court) briefs with the Ninth Circuit, displaying resounding legal support for denying the mandamus petition, and allowing the case to proceed to trial.

Judge Aiken and Magistrate Judge Thomas Coffin, of the District Court in Oregon, filed a letter with the Ninth Circuit in August, referring to the issues presented by the youth's case as "vitally important" and stating that they "do not believe that the government will be irreversibly damaged by proceeding to trial."

Through Judge Aiken's order last year, the young plaintiffs secured the following critical legal rulings:

1. There is a fundamental constitutional liberty right to a climate system capable of sustaining human life.

2. The federal government has fiduciary public trust responsibilities to preserve natural resources upon which life depends.

3. The youths' requested remedy (ordering the development and implementation of a national climate recovery plan based on a scientific prescription) is an appropriate remedy if the court finds a violation of the youths' constitutional rights.

Among the facts to be determined at trial are whether the federal government's systemic actions over the past decades enabling climate change have violated the young plaintiffs' constitutional rights.

"What is urgently needed right now is a clear, scientific and constitutional discussion of the irreparable harm that climate change is doing to this nation's youth and the ways we can hold our leaders accountable to begin serious climate recovery efforts," Jacob Lebel, 20 year-old-plaintiff from Roseburg, Oregon, said.

"I am glad that we will have the opportunity to hold this discussion before the Ninth Circuit and I look forward to moving towards a full trial," said Lebel.

Juliana v. United States was brought by 21 young plaintiffs, and Earth Guardians, 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.

Show Comments ()

EcoWatch Daily Newsletter

Sponsored
Business
The Overpass Light Brigade at Bascom Hall in Madison, Wisconsin on April 4, 2014. depthandtime / Flickr

Global Divestment Movement Celebrates Milestone: 1,000 Institutions With Nearly $8 Trillion in Assets Have Vowed to Ditch Fossil Fuels

By Jake Johnson

While the COP24 climate talks are at risk of ending without a concrete plan of action thanks in large part to the Trump administration's commitment to a dirty energy agenda, environmental groups on Thursday celebrated a major milestone in the global movement to take down the fossil fuel industry after the number of public and private institutions that have vowed to divest from oil, gas and coal companies surpassed 1,000.

Keep reading... Show less
Food

Slaughter-Free Lab Grown Steak Cast As Ethically Friendly Alternative

Lab-grown meat—also known as cultured meat or in vitro meat—is often cast as an environmentally and ethically friendly alternative to raising traditional livestock.

These slaughter-free products aren't available on the market yet, but the dream is so enticing that Bill Gates, Richard Branson and even Tyson Foods—one of the country's largest meat companies—have made big bets on it.

Keep reading... Show less
Energy
Northeast National Petroleum Reserve in Alaska. Bob Wick / BLM

Trump Administration's Alaska Oil and Gas Lease Sale a 'Major Flop'

Despite the Trump administration's unrelenting quest to drill the Arctic, Wednesday's oil and gas lease sale in the National Petroleum Reserve-Alaska (NPR-A) yielded a "disappointing" return of $1.5 million, E&E News reported.

Oil and gas giants ConocoPhillips, Emerald House and Nordaq Energy were the three companies that made uncontested bids on 16 tracts of land out of 254 tracts made available by the Bureau of Land Management's (BLM) annual sale in the western Arctic.

Keep reading... Show less
Climate
Dan Sedran

Environmental Changes Are Killing the Livelihood of Great Lakes Fishermen

By Corey Mintz

There's nothing in the fridge at Akiwenzie's Fish & More processing facility. The 918-square-foot building, adjacent to Natasha and Andrew Akiwenzie's house on the shores of Georgian Bay, Ontario, sits empty and dark. Out-front, gill nets lie on the ground, unused for months.

Keep reading... Show less
Sponsored
Climate
Fire in Yellowstone National Park. Mike Lewelling / NPS Climate Change Response

Poll: Most Americans Believe in Human-Made Climate Change, But a Shocking Number Still Don't

First the good news. A new Reuters/Ipsos poll out Thursday found that 57 percent of U.S. adults think climate change is caused by "human activity" or "mostly human activity"—a stance held by 97 percent or more of actively publishing climate scientists. That's up from the 47 percent in 2012.

The bad news? That implies 43 percent of U.S. adults still have doubts about the global phenomenon, similar to President Donald Trump.

Keep reading... Show less
Climate
Greta Thunberg and her father Svante at a press conference during COP24 on Dec. 4. JANEK SKARZYNSKI / AFP / Getty Images

'We Need to Act Now': 15-Year-Old Greta Thunberg Calls for Global Climate Strike

By Andrea Germanos

Greta Thunberg, the 15-year-old Swedish activist, on Wednesday called for a global climate strike. The day of action is set for Friday at "your school" or "anywhere you feel called."

Thunberg, who's made headlines for her now-weekly school strikes to urge her home country to take bold climate action, made the call from Katowice, Poland, where she's attending the COP24 climate talks, now in their second week.

Keep reading... Show less
Sponsored
Animals
Whale Shark. NOAA

Arabian Sea Sharks May be the Most Threatened in the World

By Joshua Learn

Sharks, rays and chimaeras are some of the most threatened fish in the world. More than 50 percent of species in the Arabian Sea are at elevated risk of extinction due to coastal development, overfishing, pollution and habitat destruction. According to an expansive new study, spanning more than a dozen countries, species like sawfish are particularly hard hit with extinction or local extirpation.

Keep reading... Show less
Popular

18 Cookbooks for Building a Diverse and Just Food System

By Danielle Nierenberg and Natalie Quathamer

For a delicious end to 2018, Food Tank is highlighting 18 cookbooks that embrace a diverse global food industry. The list features chefs of color and authors that identify as LGBTQ+ working to feed a food revolution that breaks the barriers of race, gender, and sexuality. These books examine everything from building Puerto Rican flavors, conquering the art of transforming leftovers into masterpieces, and grasping what merging queer culture and international cuisine looks—and tastes—like. Whether you cook seasonally, are on a budget, or eat plant-based, there's something here to inspire every reader to diversify their diet!

Keep reading... Show less
Sponsored

mail-copy

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