June 30, 2017
Scientific American | Kids' Climate Change Case to Go to Trial
The landmark lawsuit by a group of children against the Trump administration over climate change is headed to trial.
Thomas Coffin, a federal judge in Oregon, set a trial date of Feb. 5, 2018. It will take place in Eugene, Ore., before U.S. District Court Judge Ann Aiken.
June 29, 2017
Bill Moyers | Kids Suing Trump Over Climate Change Will Have Their Day in Court
Lawyers for 21 young Americans will go up against the Trump administration in February 2018.
A lawsuit against the Trump administration filed by 21 young Americans and climate scientist James Hansen is going to trial. Judge Ann Aiken will hear the case in US District Court in Eugene, Oregon, on Feb. 5, 2018.
The 21 tweens and teens argue that, by failing to tackle climate change, and by incentivizing corporations to continue polluting by measures like tax breaks for fossil fuel companies, the government has endangered their and future generations’ constitutional rights and dropped the ball on protecting the atmosphere, which the plaintiffs say is a public trust. Read the article.
June 15, 2017
Slate | The Trump Response to the Kids’ Climate Lawsuit Isn’t Denial. It’s Evasion.
America is out of the Paris Agreement, and although that might be the best option for the future of the Earth, all things considered, it still is a terrible indicator of our prospects for fighting climate change. Currently, cities and states are individually signing back onto the agreement, which might be the best shot of American action, at least for now. But there’s still one small but possible way the U.S. could be forced to take climate change seriously while Trump is in office: if the two dozen kids pushing a landmark environmental lawsuit against the federal government for imperiling their future by causing climate change win their case. Read the article.
June 10, 2017
Ecowatch | Trump Administration Seeks 'Drastic Remedy' to Derail Kids Climate Lawsuit
The Trump administration filed a writ of mandamus petition with the Ninth Circuit Court of Appeals Friday, 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 Juliana v. United States. Further, the Trump administration is seeking "a stay of proceedings in the district court" while the Ninth Circuit considers its petition. Read the full article.
June 9, 2017
Think Progress | Federal judge denies Trump administration appeal in youth climate lawsuit
June 2, 2017
Pacific Standard | Why the fossil fuel companies won't defend the government in court on climate
Last week, the three major trade groups representing the fossil fuel industry dodged, just in time, being forced to defend their position on climate change in court. The Trump administration, despite its withdrawal from the Paris climate accord, will not be so lucky. Read the full article.
May 25, 2017
E&E News | Additional oil groups could abandon climate lawsuit
Three trade associations seeking to derail a federal lawsuit on climate change may soon withdraw from the case, a significant departure of fossil fuel advocates from the high-profile suit.
The National Association of Manufacturers filed court papers Monday indicating that it intends to leave the case, and the American Petroleum Institute and American Fuel & Petrochemical Manufacturers are also considering similar moves, according to a transcript seen by E&E News.
The industry groups in 2015 joined the case, which pits a group of children and young adult plaintiffs against the U.S. government. The plaintiffs want the court to declare that the government violated their constitutional rights by allowing the release of greenhouse gas emissions. Their key objective is to force the government to phase out fossil fuels.
Read the full article (requires subscription).
May 24, 2017
Bill Moyers | Fossil Fuel Industry Group Wants to Quit Kids’ Suit For Climate Action
An industry group representing fossil fuel companies is looking to pull out of a case in which 21 young Americans, ranging in age from 9 to 21, are suing the federal government to force it to take action on climate change.
The move by the National Association of Manufacturers (NAM) comes days before the group would have to file documents clarifying its position on climate change.
The young plaintiffs, represented by the nonprofit Our Children’s Trust, had initially filed their suit against the Obama administration. In 2015, the American Petroleum Institute, the American Fuel and Petrochemical Manufacturers and NAM joined the suit as intervenor-defendants. That put lawyers representing the fossil fuel industry alongside attorneys from the Obama administration — and now, the Trump administration — in opposing Our Children’s Trust’s push for climate action.
May 24, 2017
Washington Post | Industry group tries to drop out of children’s climate lawsuit
A powerful industrial lobby group has moved to withdraw from a landmark climate change lawsuit brought against the federal government by 21 young people, arguing that it trusts the Trump administration to fight the case.
In a surprise reversal, the National Association of Manufacturers filed court documents on Monday saying it no longer wanted to fight alongside the federal government in the children’s lawsuit.
The lawsuit argues that young people have been harmed by the failure to reduce greenhouse gas emissions and limit global warming.
The organization stands by its original position, its senior vice president and general counsel, Linda Kelly, said in a statement to The Washington Post.
May 23, 2017
Scientific American | Industry Group Wants to Pull Out of Kids' Climate Case
The National Association of Manufacturers is trying to get out of a landmark climate change lawsuit that a group of children filed against the U.S. government.
In court papers submitted yesterday, lawyers for the industrial businesses trade organization indicated they were simply interested in streamlining the case, but otherwise provided little explanation for withdrawing. In 2015, NAM along with the American Petroleum Institute and the American Fuel & Petrochemical Manufacturers intervened in the youth-led lawsuit against the federal government for allowing decades' worth of greenhouse gas emissions to balloon into the atmosphere, despite its institutional knowledge of climate change.
“Withdrawal would reduce the number of parties to this proceeding and, accordingly, reduce the amount of discovery and avoid the possibility of duplicative discovery efforts and duplicative proceedings,” NAM said in its court filing.
May 23, 2017
Climate Investigations Center | Manufacturers' Group Attempts 11th Hour Escape from Kids' Climate Lawsuit
In a last-minute legal maneuver, the National Association of Manufacturers is trying to extricate itself from a closely-watched federal climate lawsuit 18 months after it won a legal battle allowing it to intervene in the case.
NAM's motion to withdraw from the Our Children's Trust lawsuit came on May 22nd, just as it was about to be ordered to turn over documents on its climate change knowledge and activities, which would presumably have included its participation in political front and lobbying groups that denied the reality of climate change and spread disinformation on the subject.
May 18, 2017
Colorado Independent | Colorado’s governor said he didn’t want to appeal a controversial oil-and-gas ruling. The attorney general did it anyway.
Colorado Attorney General Cynthia Coffman bucked the apparent wishes of Gov. John Hickenlooper by appealing a court ruling that could dramatically change the way Colorado regulates the state’s oil and gas industry.
Hickenlooper isn’t challenging her decision.
The ruling in the case of Martinez v. Colorado Oil and Gas Conservation Commission pivots on whether Colorado should put public health first when considering oil and gas development rather than trying to strike a balance between oil and gas interests and public health, safety and welfare.
In a last-minute appeal filed Thursday to the Colorado Supreme Court, Coffman’s office asserted the COGCC, which regulates the industry, has an original mission of “fostering oil and gas development.” The commission has interpreted state laws governing it in a way that does not permit “one policy concern to override all others,” the AG’s office wrote.
May 3, 2017
Bill Moyers | Kids Suing Trump Hope the Courts Step Up on Climate Change
Last week, as hundreds of thousands of protesters descended on Washington, DC for the People’s Climate March, 14 young Americans, ranging in age from 9 to 21, held a press conference in front the Supreme Court.
“We are not going to wait until someone in office is representing our voices,” 16-year-old Xiuhtzcatl Martinez told the assembled crowd of reporters, activists, and four US senators. “We need the action to come today. The threat upon our future is happening right now.”
Martinez and the 13 teens and tweens by his side were among 21 plaintiffs suing the US government to force it to take action on climate change. The government has known about the threat of climate change for decades, they argue, but has continued to take actions that contribute to climate change — like approving pipelines and subsidizing the fossil fuel industry — imperiling the lives of young Americans and future generations.
May 1, 2017
E&E News | In blow to Trump admin, judge wants kids' case in lower court
A federal judge today recommended rejecting the Trump administration's bid to have a federal appeals court step into a climate change case brought by youth plaintiffs before the district court even holds a trial.
Allowing the 9th U.S. Circuit Court of Appeals to enter the case at this point would "put the cart before the horse," said Magistrate Judge Thomas Coffin of the U.S. District Court for the District of Oregon.
"The current posture of the case is such that any appeal would be premature," Coffin wrote in a 16-page court document outlining his findings.
Read the full article (requires subscription).
April 30, 2017
CNN | Kids take over Supreme Court steps
April 29, 2017
CNN | The kids suing Donald Trump are marching to the White House
A 16-year-old walked up to the microphone.
"The state of the planet is unraveling all around us because of our addiction to fossil fuels," Xiuhtezcatl Martinez said at the steps of the US Supreme Court this week. "For the last several decades, we have been neglecting the fact that this is the only planet that we have and that the main stakeholders in this issue (of climate change) are the younger generation. Not only are the youth going to be inheriting every problem that we see in the world today -- after our politicians have been long gone -- but our voices have been neglected from the conversation.
"Our politicians are no longer representing our voices."
So, what's a voiceless kid to do?
How about sue President Donald Trump and his administration -- and then march to the White House?
April 29, 2017
Teen Vogue | Kids and Teens Are Suing Trump's Administration Over Climate Change
Climate change is certainly at the forefront of many people's concerns, especially as we get deeper and deeper into Donald Trump's presidency. That's why a group of children, teens, and young people are working together to file a lawsuit against President Trump, several members of his administration, and hundreds of fossil fuel companies over what they describe as "perpetrating climate chaos."
April 29, 2017
ATTN | These Kids Are Now Suing Donald Trump
Nine-year-old Levi Draheim wasn't old enough to vote in the last election, but that isn't stopping him from suing President Donald Trump. Draheim is one of more than 20 children suing the president and the federal government for perpetuating "climate chaos" and destroying the planet on which they live.
While the case may be a long shot, the kids are bringing up a very important point. As one of the plaintiffs, 16-year-old Xiuhtexcatl Martinez, said at the steps of the U.S. Supreme Court: "For the last several decades, we have been neglecting the fact that this is the only planet that we have and that the main stakeholders in this issue (of climate change) are the younger generation. Not only are the youth going to be inheriting every problem that we see in the world today -- after our politicians have been long gone -- but out voices have been neglected from the conversation."
April 28, 2017
Huffington Post | A Conversation with Congressman Grijalva and Young “Environmental Justice Warrior”
Ahead of the People’s Climate March in Washington, D.C. this weekend, Ranking Member Raúl M. Grijalva (D-Ariz.) took the time to ask Victoria Barrett – one of twenty-one young Americans suing the United States government over climate change – about her experience working on the frontlines of the climate justice movement and to get her thoughts on President Trump’s climate policies.
April 28, 2017
E&E News | Meet the kids who just might save the planet
Sen. Jeff Merkley (D-Ore.) emerged from a small crowd that had gathered on the Supreme Court steps yesterday morning, took the microphone and praised the kids and young adults standing behind him, who held up a banner with the hashtag #YouthvGov.
After all, the audience had come for the children — plaintiffs in a climate lawsuit against President Trump, his Cabinet and the government.
"Right up here, we have an incredible set of climate champions," Merkley said. "The case that they have brought ... should be an obvious principle, an obvious right of simply being a citizen."
Read the full article (subscription required).
April 28, 2017
Youth Today | Young People Suing Government, Oil Industry Over Climate Change Rally
Coreal Riday-White is an attorney working to hold the U.S. government and the oil industry responsible for climate change, a case that could one day go all the way to the U.S. Supreme Court.
But today, as the sun rose and the morning fog slowly burned off, he looked more like a youth worker than a lawyer as he stood surrounded by young plaintiffs in front of the sea of cameras gathering for a rally on the steps of the Supreme Court.
“I feel like I’ve found the dream role in the dream job,” said Riday-White, 38. A former mental health counselor and youth instructor, he said his current role is a combination of youth coordinator and legal advocacy.
“This kind of work is so draining,” he said, “But as soon as you start working with the kids, they replenish you.”
April 28, 2017
Huffington Post | Youth Suing Trump Bring Climate Fight To Washington
Back home in Hawaii, Journey Zephier is a vocal opponent of the genetically modified crop industry and its extensive use of toxic pesticides. But today, the 17-year-old activist finds himself at the center of a much larger fight: climate change.
Zephier, a member of the Yankton Sioux Tribe, is among 21 children and young adults from around the country involved in a landmark lawsuit that accuses the federal government of violating their constitutional rights to life, liberty and property by promoting fossil fuel production and by failing to take action to combat climate change.
On Thursday, Zephier and roughly a dozen other plaintiffs, joined by their attorneys and several Democratic senators, brought their call for a healthy environment to the steps of the U.S. Supreme Court, which could ultimately hear their case.
April 27, 2017
Think Progress | Kids take to the steps of the Supreme Court to demand climate action
A group of kids and young adults currently suing the federal government for its role in fueling climate change weren’t arguing their case inside of the Supreme Court on Thursday, but they hope to get there someday soon.
“It’s pretty cool to be talking about this case in Washington, D.C, on the steps of the Supreme Court, to know that we are fighting for our rights and future generations’ rights,” Zealand Bell, a 13-year-old plaintiff from Eugene, Oregon, told ThinkProgress. “It’s pretty much the fate of our whole world. If we don’t fight back, climate change will keep going. We need to act now so we can get stuff done.”
April 24, 2017
Democracy Now! | "See You in Court": Kids Suing Trump Admin over Climate Change Speak Out at March for Science
Among those who came from around the country to participate in the first-ever March for Science in Washington, D.C., was Julia Olson, executive director and chief legal counsel for Our Children’s Trust, which has filed a landmark lawsuit on behalf of 21 young people all under the age of 21. The lawsuit argues the government has failed to take necessary action to curtail fossil fuel emissions. Democracy Now! spoke with Olson and some of her young clients.
April 24, 2017
Australian Broadcasting Corporation | President Trump faces lawsuit from youths over climate change policies
As he nears 100 days of reshaping America, President Donald Trump is now facing a major revolt from his own scientists. Among those protesting are a group of young activists, one of which is only 9 years old, and they're suing the President over his climate change policies.
April 23, 2017
Washington Post | Meet the kids who are suing the Trump administration on climate change
April 18, 2017
NPR StateImpact | Allentown teen sues Trump administration for inaction on climate
Eighteen-year-old Sophie Kivlehan says she doesn’t remember when she first heard about climate change. It was a normal topic of conversation at the dinner table, one that often included her grandfather, Jim Hansen, an astro-physicist at Columbia University and perhaps one of the worlds’ most well-known climate scientists. Hansen began sounding the alarm about rising temperatures and rising sea levels back in the early 1980′s.
“Because we concluded already that if we burn all the coal, we’ve got a different planet,” Hansen said recently, speaking to StateImpact prior to an appearance at the University of Pennsylvania. “We’ll lose all the coastal cities. It doesn’t make sense burn all the fossil fuels, we need to look at energy policies now.”
April 9, 2017
New Mexico Political Report | Youth continue legal action against federal government as temperatures continue rising
Two years ago, 21 children and teenagers sued the federal government, alleging that it had violated their constitutional rights to life, liberty and property by taking actions that cause climate change and increase its dangers. The young people, including Albuquerque-born Aji Piper, want the government to align carbon emissions reductions with what scientists say is necessary to avoid catastrophic and irreversible warming.
“Going to rallies is great, speaking up is great,” said 16-year old Piper of climate activism. “But we need to get our government in on this.”
April 7, 2017
Christian Science Monitor | Why a 9-year-old girl is suing India's government over climate change
A nine-year-old girl has filed a legal case against the Indian government for failing to take action on climate change, highlighting the growing concern over pollution and environmental degradation in the country.
In the petition filed with the National Green Tribunal (NGT), a special court for environment-related cases, Ridhima Pandey said the government has failed to implement its environment laws.
"As a young person (Ridhima) is part of a class that amongst all Indians is most vulnerable to changes in climate, yet are not part of the decision making process," the 52-page petition said.
The petition called on the tribunal to direct the government "to take effective, science-based action to reduce and minimize the adverse impacts of climate change."
April 4, 2017
Eco Watch | Youth Fight Back Against Trump's Attempt to Derail Climate Trial
Attorneys representing 21 youth in the Juliana v. United States climate lawsuit have filed opposition briefs to Trump administration and fossil fuel industry defendants' motions that sought again to derail the case from trial. In their filings, the youths' attorneys argue that "any delay in resolving the merits of this case irreversibly prejudices the youth plaintiffs in securing and protecting their fundamental constitutional rights."
April 1, 2017
The Independent | Nine-year-old girl files lawsuit against Indian Government over failure to take ambitious climate action
A nine-year-old girl has filed a court case against the Indian Government for failing to take ambitious action to tackle climate change.
Ridhima Pandey’s lawyer told The Independent she was a “compassionate child” who wanted her Government to help protect the planet for future generations.
The northern Indian state of Uttarakhand, where Ridhima lives, has been devastated in the past three years by heavy rains, flash floods and frequent landslides, estimated to have killed thousands of people.
And Ridhima has argued that India, the world’s third carbon emitter, has failed to put into action the promises it made in signing and ratifying the Paris Agreement on climate change.
March 28, 2017
Rolling Stone | High-Stakes Climate Lawsuit Led by Youth Turns Its Attention to Trump
It's somewhat fitting that President Trump, who has named climate deniers and a former fossil-fuel executive to top cabinet posts, including at the EPA, would end up a defendant in what's likely the highest-stakes climate lawsuit on the planet. The suit, brought by Our Children's Trust on behalf of nearly two dozen youth and climate scientist James Hansen, seeks a real and comprehensive climate plan from the U.S. government.
Earlier this month, not long after the plaintiffs' lawyers replaced President Obama with Trump in the suit, the administration filed a request for interlocutory appeal – a rare request since appeals are usually filed after a trial judgment, not before. Trump's lawyers also objected to a letter sent to federal agencies demanding that they preserve climate data and emails between the administration and the fossil-fuel industry that might prove the government has known since the 1960s about the dangers to public health posed by fossil fuels.
Lawyers for Trump are responding quickly and aggressively to a case that will embarrass and interfere with the administration's efforts to roll back environmental regulations and kneecap the EPA.
March 24, 2017
Westword | Will Teens' Victory in Court Case Change Fracking in Colorado?
A Colorado Court of Appeals decision issued on Thursday, essentially finding that state law requires oil and gas regulators to place greater priority on protection of public health and the environment in issuing drilling permits, may prove to be a shot in the arm for beleaguered anti-fracking groups.
The decision comes in a case brought by attorneys for six underage plaintiffs, who contend that the Colorado Oil and Gas Conservation Commission isn't doing enough to protect today's youth and future generations from the potential hazards of fossil-fuel drilling, from pollution-related respiratory ailments to environmental degradation and climate change. The teens had requested that the COGCC not issue any more permits for oil and gas drilling without scientific evidence that the activity "does not adversely impact human health and does not contribute to climate change."
March 24, 2017
Common Dreams | Colorado Youth Score Decisive Legal Victory Against Fracking Industry
A group of Colorado teenagers scored a "huge" victory against the state's fracking industry on Thursday when a three-judge panel ruled that the health of citizens and environment takes precedence over oil and gas interests.
The decision, handed down by the Colorado Court of Appeals on Thursday, requires that the Colorado Oil and Gas Conservation Commission (COGCC) consider a petition from six youth plaintiffs, which asks the board to suspend the issuance of fracking permits "until it can be done without adversely impacting human health and safety and without impairing Colorado's atmospheric resource and climate system, water, soil, wildlife, and other biological resources."
Xiuhtezcatl Martinez, 16-year-old plaintiff and youth director of the Boulder-based Earth Guardians, declared after the ruling: "Our movement to fight for the rights of people and our environment is evolving. From the streets to the courtroom, the voices of the younger generation will be heard, and the legal system is a tool for our resistance. Small wins build up to create massive change."
March 23, 2017
Bloomberg BNA | Colorado Appeals Court Sides With Teens Seeking to Block Fracking
The Colorado Court of Appeals ruled in favor of six teenage activists who petitioned the state Oil and Gas Commission to consider a rule halting hydraulic fracturing until it can be proved the practice does not harm human health and the environment.
The ruling was the first time a higher Colorado court has said the commission has the authority to promulgate and enforce rules prioritizing public health, safety and the environment over oil and gas development, Julia Olson, attorney for the youths and executive director of Our Children’s Trust, told Bloomberg BNA March 23. The case has drawn intense interest in the oil and gas sector. ( Martinez v. Colo. Oil and Gas Conservation Cmm’n , Colo. Ct. App., No. 16CA0564, 3/23/17 ).
March 23, 2017
Boulder Daily Camera | Editorial: The kids win in court
Just when it appeared that critics of Colorado's permissive fracking policies would be left only extra-legal means to pursue their cause, a three-judge panel of the Colorado Court of Appeals produced a thin reed of hope Thursday. In a 2-1 ruling, the judges overturned a decision by the Colorado Oil and Gas Conservation Commission that threw out an attempt by six local youths to install a new rule on fracking.
Like many legal decisions, this one turned not on the merits of the underlying issues but on understanding English grammar. The sentence in question said the General Assembly declares it is in the public interest to "[f]oster the responsible, balanced development, production, and utilization of the natural resources of oil and gas in the state of Colorado in a manner consistent with protection of public health, safety, and welfare, including protection of the environment and wildlife resources."
March 23, 2017
The Denver Post | Colorado appeals court says state must protect health and environment before allowing oil and gas drilling
The court sided with Boulder teen Xiuhtezcatl Martinez and said the protection of public health and the environment is “a condition that must be fulfilled.”
The Colorado Court of Appeals sided with a group of teenagers Thursday, reversing a lower court and elevating protection of public health and the environment to “a condition that must be fulfilled” by the state before oil and gas drilling can be done.
The ruling by appeals court judges — in a case that drew heavy state and industry legal opposition — reinterprets the mission of the Colorado Oil and Gas Conservation Commission to require more than balancing industry interests with protection of people and the environment.
Colorado lawmakers created the COGCC to regulate oil and gas development, which has led to drilling more than 50,000 wells in the state, including thousands near people north of metro Denver and hundreds inside municipal limits in cities such as Erie and Greeley.
March 23, 2017
Denver Business Journal | Colorado appeals court ruling calls for state to consider halting oil and gas permits
The Colorado Court of Appeals said Thursday the state’s oil and gas commission must consider a petition from a group of Boulder teenagers to stop issuing permits for new wells until an independent third party proves that drilling can be done without harming public health or the environment.
The three-judge panel, all women, heard the case involving the Colorado Oil and Gas Conservation Commission (COGCC) in February. The ruling was split, 2-1. The opinion was written by Judge Terry Fox, with Judge JoAnn Vogt concurring and Judge Laurie Booras dissenting. A spokesman for the COGCC said state officials were reviewing the ruling.
The case started in November 2013 when six children petitioned the COGCC to “not issue any permits for the drilling of a well for oil and gas unless the best available science demonstrates, and an independent, third-party organization confirms, that drilling can occur in a manner that does not cumulatively, with other actions, impair Colorado’s atmosphere, water, wildlife, and land resources, does not adversely impact human health and does not contribute to climate change.”
March 20, 2017
Reuters | Teens suing U.S. over climate change ask for Exxon's 'Wayne Tracker' emails
Lawyers for a group of teenagers suing the U.S. government in a climate change case have asked the government and the oil industry's leading trade group to turn over emails sent and received by U.S. Secretary of State Rex Tillerson using an alias address while he was running Exxon Mobil.
"It's possible that Rex Tillerson was communicating with people in government related to climate and energy policy using that email address," Julia Olson, a lawyer for the teenagers, said on Monday, referring to the alias address Wayne.Tracker@exxonmobil.com.
March 20, 2017
Seattle Met Magazine | Seattle Kids v. Climate Change
A PERSON CAN know that the earth is warming, that the glaciers are shrinking and the oceans are souring; a person can know the urgency. But you won’t really feel it until a 13-year-old educates you about the only remedy left. Until a 15-year-old looks you in the eye and tells you at what point, precisely, we’ll know it’s game over for planet earth.
It’s a Friday night in February, and I’m sitting in the basement of the Good Shepherd Center in Wallingford at a meeting of the local chapter of Plant for the Planet, the international kids’ organization dedicated to planting trees. Started 10 years ago in Germany—by a nine-year-old—Plant for the Planet has to date planted 14 billion trees, every one of which is now dutifully sucking its share of carbon dioxide out of the atmosphere.
March 20, 2017
Common Dreams | Climate Kids Demand Feds Turn Over 'Wayne Tracker' (aka Rex Tillerson) Emails
New York Attorney General Eric Schneiderman's office made the claim of the email alias last week in a court filing as part of its investigation into the oil giant's climate cover-up. The filing said Tillerson used the "Tracker" account to discuss climate change and other matters from at least 2008-2015.
In the youths' case, as Common Dreams wrote, the 21 "co-plaintiffs argue that by failing to act on climate change, the U.S. government has violated the youngest generation's constitutional rights and their rights to vital public trust resources."
March 17, 2017
National Geographic | Biggest Case on the Planet' Pits Kids vs. Climate Change
Levi Draheim is a nine-year-old science geek. He founded an environmental club as a fourth grader and gives talks about climate change to audiences of grown-ups. His home is on a slender barrier island on Florida’s Atlantic coast, 21 miles south of Cape Canaveral and a five-minute walk from the beach. By mid-century, his sandy childhood playground could be submerged by rising seas. He will be just 42.
Nathan Baring is 17 and a high school junior in Fairbanks, Alaska—120 miles south of the Arctic Circle. He loves cold weather and skis. The Arctic is warming twice as fast as the rest of the planet. Now winter snows that Baring once celebrated as early as August in Fairbanks can hold off until November.
By 2050, Arctic sea ice will have virtually disappeared, and temperatures in the interior, surrounding Fairbanks, will have risen by an additional 2 to 4 degrees Fahrenheit, altering the boreal forest ecosystem. Nathan will be 50.
March 14, 2017
The Planet Magazine | Climate In Court
In the fall of 2014, eight Washington state citizens, all between the ages of 10 and 14, patiently awaited a judge’s approval for a petition filed against the state Department of Ecology. The day was getting late and the plaintiffs were getting restless. The next day was a school day and most of them still had homework to do.
Among them was Aji Piper, now 16. Piper seems like a typical teenager, until he starts to speak on issues ranging from climate systems to social justice and education policy. Piper already has an extensive resume of work as an environmental activist. Now, he’s part of a national effort by young environmentalists to pursue legal action against state and federal governments for failing to address the long-term implications of climate change.
March 13, 2017
Think Progress | The Trump administration really doesn’t want this climate lawsuit to go to trial
The Trump administration, joined by fossil fuel companies, is stepping up its fight against a historic federal climate lawsuit, seeking an appeal of a November decision that allowed the case to move forward to trial. The Trump administration also argued that an earlier request — which asked the government to retain records of communication about climate change between the government and the fossil fuel industry — was overly burdensome.
“This request for appeal is an attempt to cover up the federal government’s long-running collusion with the fossil fuel industry,” Alex Loznak, a 20-year old plaintiff in the case, said in a statement. “My generation cannot wait for the truth to be revealed. These documents must be uncovered with all deliberate speed, so that our trial can force federal action on climate change.”
March 13, 2017
Union of Concerned Scientists Blog | Youth vs. a Government of, by, and for the Fossil Fuel Industry
Last week, the Trump administration sought to short-circuit a lawsuit filed by young people seeking to hold the U.S. to account on climate change. Late on Friday night, the fossil fuel industry threw its support behind the government’s effort to block the case.
If you are having trouble distinguishing the Trump administration from major fossil fuel companies like ExxonMobil and Chevron, you are not alone. Here are a few recent examples of the convergence between fossil fuel interests and the Trump administration.
The soundtrack of my childhood includes the “Schoolhouse Rock” version of the Preamble to the U.S. Constitution—if you know the tune, feel free to hum along as you read.
March 12, 2017
Mashable | Trump really doesn't want to face these 21 kids on climate change
A showdown is brewing in the U.S. courts, one that pits young Americans against President Donald Trump and the fossil fuel industry.
Central to the fight is a lawsuit that accuses the federal government and energy companies of failing to adequately address human-caused global warming. A group of 21 citizens, ages 9 to 20, claim that failure violates their "constitutional rights to life, liberty and property."
Now Trump and fossil fuel defendants want the case to go away.
Both groups filed separate motions last week to the Ninth Circuit Court of Appeals to scrap an earlier ruling that upheld Juliana v. United States. It's unusual for the government to try to appeal a case to a higher court before a lower court has ruled on it — especially since this case is moving toward a trial later this year.
March 12, 2017
Business Insider | The Trump administration is doing everything it can to keep a huge climate lawsuit from going to trial
The Trump administration is seeking an appeal in a landmark climate change lawsuit — before the case has even gone to trial.
The plaintiffs in the case are 21 kids who now range in age from 9 to 20. They argue that the federal government is violating their constitutional rights to life, liberty, and property by failing to prevent climate change despite long-held knowledge of its dangerous consequences.
In November 2016, a federal judge denied all motions to dismiss the case, paving the way for it to go to trial.
That’s the order the Trump administration is now seeking to appeal. (The plaintiffs named President Trump as a defendant instead of Barack Obama in February, under the federal rules.)
The youth plaintiffs aren’t seeking financial compensation for the damage climate change is causing, though many have filed statements about how global warming has specifically impacted their lives. Instead, they’re asking the court to compel federal agencies to take action.
March 9, 2017
Washington Post | This climate lawsuit could change everything. No wonder the Trump administration doesn’t want it going to trial
A groundbreaking climate lawsuit, brought against the federal government by 21 children, has been hailed by environmentalists as a bold new strategy to press for climate action in the United States. But the Trump administration, which has pledged to undo Barack Obama’s climate regulations, is doing its best to make sure the case doesn’t get far.
The Trump administration this week filed a motion to overturn a ruling by a federal judge back in November that cleared the lawsuit for trial — and filed a separate motion to delay trial preparation until that appeal is considered.
The lawsuit — the first of its kind — argues the federal government has violated the constitutional right of the 21 plaintiffs to a healthy climate system.
Environmental groups say the case — if it’s successful — could force even a reluctant government to reduce greenhouse gas emissions and take other measures to counter warming.
March 9, 2017
Climate Home | Coal lobbyist Trump attorney seeks to bypass US kids’ climate lawsuit
The US administration is seeking a fast-track appeal against a climate change lawsuit brought by 21 young people.
Jeffrey Wood, a temporary Trump appointee at the Justice Department and recently a fossil fuel lobbyist,3 called on the federal court in Oregon to send the case to appeal before evidence was submitted and a ruling made in the initial trial.
A lobbyist for fossil fuel interests until January, Wood said the move would “avoid litigation that is unprecedented in its scope and in its potential to be protracted, expensive, and disruptive to the continuing operation of the United States Government”.
March 1, 2017
Inside Climate News | Children's Climate Lawsuit Aims to Unearth Documents from Oil Group API
Attorneys representing 21 children who are suing the federal government over its responsibility to slow climate change are seeking answers from the oil and gas industry. The plaintiffs want to uncover what role fossil fuel interests played in shaping government climate policies.
The plaintiffs in Juliana v. United States filed a request for documents from the American Petroleum Institute (API), the largest U.S. trade group for the oil and gas industry and an intervenor on behalf of the U.S. government in the case.
The request seeks a wide range of documents, including any from internal API groups related to climate change and government lobbying. Examples noted in the request include API's CO2 and Climate Change Task Force, its Environmental Strategy Team and its Climate Change Steering Group. It also seeks communications with Exxon and other oil companies discussing climate.
February 28, 2017
Press Release | Youth Seek Answers from the Oil Industry in Climate Case
Today, youth plaintiffs in Juliana v. United States released a copy of their request for documents sent to American Petroleum Institute (API), an intervenor-defendant in their constitutional climate case. The request seeks to establish a factual record of the role that the oil and gas industry played in government decisions over the past 50 years that led to climate change. API is the largest U.S. trade group for the oil and gas industry and counts ExxonMobil, Chevron, Shell, and other major oil companies as members. The document request is a part of the discovery process in preparation for trial, currently expected to take place next fall.
February 27, 2017
The 74 Million | Meet the Students Taking the Government to School, and to Court, in Landmark Climate Change Lawsuit
It would be hard to find a more knowledgeable group of young climate change activists than Alex Loznak, Tia Hatton, Aji Piper, and Avery McRae. They read books on environmental legal theories in their spare time. They’re involved in clubs that focus on global climate change. They’re majoring in environmental studies and winning prizes at local science fairs.
And they are among 21 plaintiffs, ages 9 to 20, who are suing the federal government in a landmark suit charging that inaction by U.S. elected officials is robbing them of their future by failing to protect them despite their knowledge of the global harms caused by fossil fuels.
It is an unusual course of action for kids — but potentially a very effective one. In November, Judge Ann Aiken of the District of Oregon refused a request to dismiss the suit, Juliana v. United States, in a victory for climate change activism.
February 24, 2017
Common Dreams | Trial of the Century Pits Trump Climate Denialism Against 'Right to a Climate System Capable of Sustaining Human Life'
Two days after the election of Donald Trump, 21 plaintiffs aged 9-20 won a court ruling that may be just as important as that election in determining our future. As the world hurtles into climate catastrophe, the decision by Judge Ann Aiken in the federal district court in Oregon sets the stage for a momentous trial of our right to a stable climate – and the constitutional obligation of the United States government to protect that right.
Now President Donald Trump has been named lead defendant in the suit. Trump has not only denied the reality of climate change, he has also defied the authority of the courts to enforce other rights of persons – witness his claim in court that his travel ban on seven majority-Muslim countries is “unreviewable.” The “climate kids” case Juliana v. United States is shaping up to be not only a historic trial of the culpability of the U.S. government for destruction of the earth’s climate, but of the power of courts to protect our rights.
February 14, 2017
Upworthy | How Trump inherited Obama's weird legal climate battle against 21 young people
Kids are suing President Donald Trump. Yes, really.
The heart of the lawsuit, Juliana, et al. v. United States of America, et al., is whether the federal government has a duty to react to climate change. It names a wide swath of the federal government as defendants, including the government as a whole, the Environmental Protection Agency, and, yes, the president.
It's a complicated story, so to help make sense of it, here are five quick things you should know about this lawsuit.
1. Yeah, it's actually kids.
There are 21 of them. They range from preteen to early 20s, but they collectively have some pretty serious activist and volunteer chops.
February 11, 2017
Christian Science Monitor | Can a children's lawsuit force action on climate change?
On Friday, President Trump was named the lead defendant in a lawsuit brought by 21 US students – one as young as nine – against the US government.
The case, Juliana v. United States, was first filed in 2015 with President Barack Obama listed as lead defendant, so the switch to Mr. Trump is largely procedural.
But the plaintiffs are seeking a court order that will compel the US government to phase out fossil fuels. With the change from Mr. Obama to Trump, they’re now taking on an administration that looks askance at climate science.
This marks the latest shift in a years-long legal campaign that aims to move beyond political inaction on climate change by establishing a Constitutional right to a stable climate.
February 10, 2017
Scientific American | Trump Named as a Defendant in Landmark Climate Lawsuit
Attorneys for the plaintiffs in a federal climate lawsuit yesterday named President Trump as a defendant in the case.
In 2015, a group of kids, young adults and environmentalists sued the U.S. government and top officials — including President Obama — for failing to protect them from the dangers of climate change, despite detailed warnings and research of its risks.
Julia Olson, a lawyer for the plaintiffs, said other Cabinet members will soon be named as defendants, replacing leaders from the Obama era with Trump administration officials. The plaintiffs are moving to begin trial in the fall, though the government may appeal to get the case dismissed, according to their attorneys.
February 10, 2017
Reuters | Youth activists name Trump in landmark suit against U.S. over climate change
A group of American students, one as young as nine, is suing President Donald Trump over the U.S. government's climate-change policy that they claim puts their future in jeopardy, their attorney said on Friday.
Trump has expressed doubts about the science behind climate change and has vowed to revive the oil, gas and coal industries.
His policies have his administration on a collision course with an overwhelming majority of scientists who believe that human consumption of fossil fuels is warming the planet and triggering sea level rise and more frequent powerful storms.
February 10, 2017
Bill Moyers | These Kids Will See Trump in Court
Donald Trump has yet another lawsuit to deal with. Twenty-one kids and climate scientist James Hansen are suing the US government to force it to contend with the threat of climate change, arguing that failing to do so deprives the young Americans and future generations of their right to a hospitable climate.
The suit was initially filed against Obama, but in a court filing yesterday, the plaintiffs switched the defendant’s name to “Donald J. Trump.” The American Petroleum Institute, the National Association of Manufacturers and the American Fuel and Petrochemical Manufacturers have also signed onto the suit as co-defendants.
“You’re suing Trump!” one 11-year-old plaintiff, Avery McRae, remembers her classmates pointing out on Nov. 9. “I’m like, ‘Yep.’ What did I get myself into?” she told The Atlantic.
February 9, 2017
People Magazine | These 21 Kids Are Suing the Federal Government Over Climate Change: ‘Everything Is at Stake’
“The worse climate change gets, the more my generation is going to have to deal with,” 19-year-old Kiran Oommen tells PEOPLE. “And at the same time, we have no say in how it is addressed.”
Oommen is part of a group of 21 kids, teens and young adults who are working to change that by suing the federal government for their right to a stable climate.
The suit alleges that the federal government has known for decades that carbon pollution destabilizes the climate in a way that puts future generations in “significant” danger but has taken no action to curb it. The plaintiffs, aged 9 to 20, argue that this failure to act has endangered their rights to life, liberty, property and vital public trust resources.
February 9, 2017
The Atlantic | The 11-Year-Old Suing Trump Over Climate Change
It was supposed to be Avery McRae’s first day back at school after winter break, but fat snowflakes were falling outside and class was canceled. Her horseback-riding lesson wasn’t happening either. At lunch with her mom and dad at Hot Mama’s Wings, in Eugene, Oregon, Avery slumped in her seat and stuck out her lip, disappointed the way 11-year-olds are when they’ve been waiting for something forever.
“I haven’t seen the horses in three weeks,” she cried. “I’m going to die.”
Avery had been in Denver for the holiday visiting family, but now she was back home, eager to return to sixth grade and afternoons stacked with extracurricular activities. She plays piano and has practiced Bhangra, a Punjabi folk dance, since she was two. Each morning, she feeds chickens she’s named after flowers, and each evening, she makes sure they’re tucked in their coop. In the spring, she runs a backyard business raising chicks for customers.
And, sometimes, she goes to court. Unlike most tweens, Avery is suing the federal government.
February 9, 2017
Press Release | Kids Name President Trump As Defendant in Constitutional Climate Case
Today, youth plaintiffs in Juliana v. United States filed a notice with a federal court in Oregon, naming Donald J. Trump as a defendant in their landmark climate case on pace for trial this fall. Plaintiffs have substituted President Trump as a named party in place of former President Barack Obama under the Federal Rules.
In Juliana v. United States, 6:15-cv-1517-TC, 21 young plaintiffs sued the federal government for violating their constitutional rights and their rights to vital public trust resources. The complaint alleges the government locked in a fossil-fuel based national energy system for more than five decades with full knowledge of the extreme dangers it posed. The plaintiffs have been further emboldened by President Trump’s blatant climate denialism, inspiring them in their fight to secure climate justice and a safe future.
February 9, 2017
Huffington Post Australia | 16-Year-Old Xiuhtezcatl Martinez Is The Environmental Activist The World Needs
On paper, Xiuhtezcatl Martinez is a pretty impressive 16-year-old. His achievements are almost too long to list, but let's give it a go.
By age 12, Xiuhtezcatl had already organised more than 35 protests and rallies. In 2013, President Obama gave him a national community service award. In 2014, he performed a TED Talk which also showcased his hip hop skills. In 2015, he borrowed a suit to address the UN on environmental policy and the future of his generation. He is the youth director of a worldwide organisation that inspires and unites young people in the fight against climate change. It's called Earth Guardians.
There's more, but nothing about his demeanour makes you feel inadequate. In fact, seeing his face light up as he tells the story of suing the US Government for their inaction over climate change is inspiring.
February 6, 2017
Press Release | Open Court Case Management Conference for Juliana v. United States
Honorable Magistrate Judge Thomas M. Coffin will hold a Federal Rule 16 case management conference in his courtroom for Juliana v. United States, 6:15-cv-1517- TC. Lawyers for all parties will be present.
The conference will be a meeting between Judge Coffin and lawyers in open court. Judge Coffin previously indicated the case will be set for trial in summer or fall of 2017. The court will address deadlines for discovery, the pretrial procedures through which parties can obtain evidence from opposing parties, such as requests for admissions, answers to interrogatories, production of documents, and depositions.
Given the urgency to address the devastating climate issues our nation faces, the 21 young plaintiffs will be seeking a prompt trial date. Lawyers for the Trump Administration will argue for delaying the trial until 2019 or later.
January 27, 2017
Press Release | Tillerson Deposition Delayed until Secretary of State Confirmation
In today’s telephonic discovery dispute conference, U.S. Federal Magistrate Judge Thomas Coffin determined that plaintiffs in Juliana v. United States can depose Rex Tillerson if he is confirmed as Secretary of State, as he will then be represented by the Department of Justice.
“We believe that Mr. Tillerson's deposition will be extremely important to this case,” said Philip Gregory, counsel for the plaintiffs and a partner with Cotchett, Pitre & McCarthy in Burlingame, CA. “The ties between the fossil fuel industry in the federal government run very deep and Mr. Tillerson will have much to add on this crucial issue. We are glad that his testimony will occur once the confirmation process is concluded.”
January 26, 2017
Mashable | How 21 kids could keep climate websites from going completely dark
Right now, anxiety is sweeping across the scientific community about the Trump administration's efforts to make climate data disappear.
However, there are now a very special group of 21 young Americans, ages nine to 20, who are throwing a sizable wrench in the Trump administration's plans. Their lawsuit against the federal government and fossil fuel companies seeks to hold them accountable for failing to adequately address human-caused global warming despite widespread knowledge of the risks.
January 24, 2017
Press Release | Plaintiffs' notice of litigation hold and request for document preservation
Both the Federal Defendants and the Intervenor Defendants are hereby requested by counsel for Plaintiffs to preserve and retain all documents, records, and tangible things relating to the claims in Plantiffs' First Amended Complaint.
January 18, 2017
Press Release | DOJ admits CO2 levels place nation on “costly, insecure, and environmentally dangerous path”
On January 13, the United States filed its Answer to youth plaintiffs’ complaint in Juliana v. United States. In their Answer, the federal defendants make several admissions to their longstanding knowledge of climate change danger and to today’s knowledge on the severity of those impacts.
“The Department of Justice and the Federal Defendants have now admitted many of the central facts underpinning our youth plaintiffs’ constitutional claims against the United States,” said Julia Olson, counsel for plaintiffs and executive director of Our Children’s Trust. “This answer moves us even closer to proving our case at trial this year. One important and lasting legacy of the Obama Administration is its commitment to scientific research and disclosing the full dangers of climate change to the American people and the world. This answer, made in his final days in office, reflects the stark contrast between the truth of the climate dangers we face and the destructive lies being perpetuated by the incoming Trump Administration. At trial, truth will prevail.”
January 16, 2017
CBC News | Why a Canadian teen joined American youth in suing U.S. over climate change
All his life, Jacob Lebel has felt a special connection to the land, in rural Quebec where he was born and in Eugene, Ore., where he now lives and farms.
Lebel, 19, is passionate about preserving the environment and doing what is necessary to prevent climate change.
"By the time you see the full effects, by the time we see the full catastrophic effects of the decisions that we're making right now, it will be too late — we won't be able to do anything about it," says Lebel, who has joined a group of 21 young Americans between ages nine and 20 who are suing the U.S. government.
The group alleges the government is violating constitutional rights because it supports a fossil fuel industry that's damaging the environment.
January 13, 2017
Reuters | U.S. State Department nominee Tillerson fights climate deposition
The lawyers planned to ask Tillerson when he first learned of the impact the burning of fossil fuels was having on the Earth's atmosphere.
His answers might then be used to prove the government, working with the energy and manufacturing industries, continued to allow activities harmful to the environment despite knowing the risks to future generations, said Julia Olson, a lawyer in Eugene, Oregon, who is executive director of Our Children's Trust and representing the teenagers.
Tillerson's deposition was set for Jan. 19, a day before President-elect Donald Trump's inauguration.
But Olson said the API's lawyers told her by telephone that Tillerson should not have to testify because he is no longer affiliated with the group. Her team has asked API to prove Tillerson had left the group on Dec. 28, when they sent notice of their intent to depose him.
"If he was still on the board on the date of notice of notice of deposition, he can still be deposed," Olson said
January 3, 2017
Teen Vogue | Why Trump’s Presidency Is So Terrifying for Climate Change
My name is Xiuhtezcatl. I'm 16 years old, and the youth director of Earth Guardians, an organization empowering young people around the world to act for climate justice. Even though I’m too young to vote, I understand that the decisions out of the White House can have a powerful impact on the kind of world we will be left with. On many of the issues I care most about, including climate change, President Obama and administrations before him have not done nearly enough. With that said, the transition into a Donald Trump presidency has been nothing short of surreal.
December 29, 2016
Bloomberg | Teens’ Lawyers Plan to Question Tillerson on His Knowledge of Climate Change
Tillerson, who was a director and recent chairman-elect of the American Petroleum Institute, would be asked about his company and industry contributing to global environmental damage, lawyers for the teenagers said Thursday in a statement. One of Exxon’s senior scientists noted in 1977 -- 11 years before a NASA scientist sounded the alarm about global warming during congressional testimony -- that “the most likely manner in which mankind is influencing the global climate is through carbon dioxide release from the burning of fossil fuels.”
“Rex Tillerson is one of the most knowledgeable executives in the fossil fuel world on the role of his industry alongside our federal government in causing climate change and endangering my youth plaintiffs and all future generations,” Julia Olson, attorney for the plaintiffs, said in the statement. “We intend to use his deposition to uncover his and others’ culpability, on behalf of these defendants.”
December 29, 2016
Common Dreams | Climate Kids Demand Testimony From Exxon's Tillerson in Landmark Lawsuit
Exxon is at the center of a campaign that seeks to hold Big Oil accountable for suppressing evidence and funding denial of climate change. Climate groups have vowed to grill Tillerson on Exxon's climate fraud at his confirmation hearing in January.
"We believe the evidence shows both ExxonMobil and the fossil fuel industry knew about the threat to our country posed by climate change and worked to encourage the federal government to enable emissions of more greenhouse gas," declared Philip Gregory, counsel for the plaintiffs and a partner with Cotchett, Pitre & McCarthy in California.
"Mr. Tillerson's testimony is crucial to understanding what the fossil fuel industry did to prevent the government from fully addressing this problem," he said. "The youth of America need to know the truth on how companies such as ExxonMobil continue to use the government to cause horrific harm to our nation's most vulnerable people."
December 29, 2016
Press Release | Youth Seek to Obtain Testimony from Rex Tillerson in Constitutional Climate Lawsuit
Today, attorneys representing 21 young people in their federal climate lawsuit, sought to obtain testimony from Rex Tillerson, CEO of ExxonMobil and President-elect Trump’s candidate for Secretary of State. The Notice seeks Tillerson’s testimony by way of deposition on January 19, 2017 in Dallas, TX. The Notice was served on Sidley Austin, the law firm representing three defendants in the constitutional climate lawsuit: American Petroleum Institute (API), National Association of Manufacturers (NAM), and American Fuel & Petrochemical Manufacturers (AFPM). In his deposition, Tillerson will be asked questions about his knowledge relevant to the youths’ claims that their constitutional rights have been violated.
December 21, 2016
Salon | Judge: Seattle kids can move ahead with climate rights case
The judge on Monday said Ecology had complied with her orders by adopting the Clean Air Rule within the timeline set by the court, and so denied the youth’s request to find Ecology in contempt.
But the judge allowed the young people to amend their complaint and move ahead with their constitutional claims “so as to have their day in court,” she wrote.
“The Court takes this action due to the emergent need for coordinated science based action by the State of Washington to address climate change before efforts to do so are too costly and too late,” Hill wrote.
December 20, 2016
Seattle Weekly | Kids’ Climate Lawsuit Gets Even Bigger, Heads to Trial in 2017
King County Superior Court Judge Hollis Hill, who has ruled favorably toward the plaintiffs in the past, said Monday that while the kids no longer have a case against the Department of Ecology, they can go ahead and build a newcase, this time with Governor Jay Inslee and the State of Washington listed as defendants, too.
“It’s really exciting,” says the kids’ attorney, Andrea Rodgers. “It’s a whole new world… this has become a very different case.”
December 19, 2016
Press Release | Judge allows youth constitutional climate rights case to move forward against state of WA and Gov. Inslee
Seattle – Judge Hollis Hill ruled Monday that the youths who sued the Department of Ecology for failing to take action on climate change can again move forward, now with a constitutional climate rights claim that adds the state of Washington and Gov. Jay Inslee as defendants. The court granted the youth’s request “due to the emergent need for coordinated science based action by the state of Washington to address climate change before efforts to do so are too costly and too late.”
December 17, 2016
The Seattle Times | State recommends more aggressive effort to cut carbon emissions
In Washington state, the Ecology Department also has been under legal pressure to further crack down on carbon emissions. Eight Washington youths, with assistance from the Western Environmental Law Center and Our Children’s Trust, have filed a lawsuit in King County Superior Court to try to spur the Ecology Department to take more aggressive action. They say the clean-air rule adopted by the state does not do enough to protect young people, and that the state is violating court orders by not doing more.
December 15, 2016
The Conversation | Earth on the docket: Why Obama can’t ignore this climate lawsuit by America’s youth
At a time when humanity must reverse course before plunging over a climate cliff, the American public has elected a president who seems to have both feet on the fossil fuel accelerator. If there is a mechanism to force the Trump administration to put the brakes on dirty energy policy, a lawsuit brought by 21 young people against the Obama administration may hold the key.
Environmental lawsuits typically rely on statutes or regulations. But Juliana is a human rights case that bores down to legal bedrock by asserting constitutional rights to inherit a stable climate system.
The court, which ruled the suit can proceed to trial, rightly described the case as a “civil rights action” – an action “of a different order than the typical environmental case” – because it alleges that government actions “have so profoundly damaged our home planet that they threaten plaintiffs’ constitutional rights to life and liberty.” The litigation, variously called “a ”ray of hope,“ a legal ”long shot“ and a ”Hail Mary pass,“ yielded its groundbreaking decision not a moment too soon.
December 6, 2016
The New Yorker | The Teen-Agers Suing Over Climate Change
Like Loorz, Olson was moved to action by “An Inconvenient Truth,” which she saw when she was eight months pregnant with her first child. “I knew the facts, but seeing the visuals, seeing the whole story in front of me, was a different experience,” she told me. Some of her clients have had far more immediate experiences with the symptoms of climate change. Last August, Jayden Foytlin, a thirteen-year-old girl from southern Louisiana, became trapped in her flooded house during a severe rainstorm. (A later analysis found that the likelihood of such deluges in the region has increased at least forty per cent in the past century.) When I spoke with the Foytlins, just before Thanksgiving, they were still repairing the damage from the disaster; Jayden and her two brothers were using the living room as a makeshift bedroom. The flooding danger, their mother, Cherri, told me, has not eased. “If it rains real hard, we’ll be right back in the same situation,” she said. Jayden, however, is more concerned about the outcome of her case. “Sometimes I get scared that it’s not going to happen, that it’s going to get shut down, and that no one will take action on climate change,” she said.
December 6, 2016
Oregon Public Broadcasting | Climate Change Lawsuit
December 1, 2016
The Washington Post | Trump could face the ‘biggest trial of the century’ — over climate change
“It’s been called the biggest trial of the century, and it is,” said Mary Wood, a law professor at the University of Oregon and expert in natural resources and public trust law. “Literally, when I say the planet is on the docket, it would be hard to imagine a more consequential trial, because the fossil fuel policies of the entire United States of America are going to confront the climate science put forth by the world’s best scientists. And never before has that happened.”
Theoretically, the trial’s outcome could have major implications for the incoming Trump administration, which aims to dismantle many of the climate and energy priorities established under President Obama.
Should the plaintiffs prevail, the federal government could be forced to develop and adhere to stringent carbon-cutting measures aimed at preserving the planet’s climate future for generations to come. The only other place such action has ever been ordered by a court is in the Netherlands, where a similar case resulted in a landmark ruling last year requiring the Dutch government to slash its emissions by a quarter within five years.
December 1, 2016
CNN | EPA Administrator Gina McCarthy discussing climate change and the transition to the Donald J. Trump administration
*Despite 50 years of climate danger knowledge, Defendant says climate action "doesn't happen over night".
November 30, 2016
The Spectator | Northwest Youth Demand Climate Action
“It’s really inspiring to meet kids that are eight or nine years old and know about climate change, know all the stuff and can say ‘Yeah, I’m suing the federal government,’” Oommen said.
The group from Our Children’s Youth has won two hearings so far and has only seen increasing support over time. The plaintiffs filed the lawsuit with the intent of making the government responsible for their efforts or lack thereof—in the realm of climate change and the little they have done to prevent it.
“I think [the lawsuit] is good, but the government has a long history of devaluing the words and ideas of the youth,” said Trevor Ka’aihue, a junior computer science major and Resident Assistant for the Engineering our Future learning community.
Though the plaintiffs from Our Children’s Trust have a difficult road ahead of them, most were a part of the fight long before it was covered by the media.
Though a large part of the public is only now hearing about their efforts, it has been a long-standing endeavor on the part of the plaintiffs, spanning multiple years and enduring multiple obstacles in the court system.
November 29, 2016
Inhabit | 16-year-old activist Xiuhtezcatl Martinez wins 2016 Children’s Climate Prize
Swedish renewable energy company Telge Energi awarded Martinez the prize, which is given to a kid between 10 and 16 who is working to help the environment. Telge Energi described Martinez as an “extraordinarily powerful voice in the climate debate worldwide.” The jury who chose Martinez praised his willingness to take on big interests such as the fossil fuel industry, and commended him for inspiring others to use their voices too, no matter their age.
The jury said, “Through his passion and love for climate issues, this year’s winner has already, at a young age, had an enormous impact on many people, from children and youth to people with power, to make decisions shaping the future of our planet. With a unique skill of connecting activism with political talent, he has demonstrated both passion and courage, not avoiding controversial issues such as calling for a ban on fracking in his own home state Colorado. By doing so, he has challenged strong political and economic powers. As a hip-hop artist with a clear message he has demonstrated the power of linking culture with environmental issues as a way to mobilize engagement and action.”
November 23, 2016
The Huffington Post | Kids Sue The Government For Not Protecting Them From Climate Change
The plaintiffs want the court to intervene and force the state’s Department of Ecology to require more drastic emissions reductions. The Clean Air Rule the department released, the youth group argues, only requires 19 companies in the state to reduce emissions by 1.7 percent ― a “grossly inadequate” amount for addressing climate change that doesn’t fulfill the previous court orders.
In court, the AP reported, the state’s lawyers argued that the previous court did not make any specific requirements for the Clean Air Rule. The policy the state adopted, the department told The Huffington Post, is one of the country’s most pioneering.
Lawsuits like these, the plaintiffs argued, are crucial given the poor outlook for climate change policy under a Donald Trump presidency.
“It’s a pretty grim time for people in this country who breathe air and drink water,” petitioner Aji Piper, 16, said outside the courthouse before the hearing. “Our president-elect is somebody who blatantly denies climate change and it’s a fact that makes the future of the children, my future, look pretty bleak.”
November 17, 2016
Boulder Weekly | ‘The biggest case on the planet’
When Hurricane Katrina struck in 2005, Mary Wood, law professor and faculty director of the Environmental and Natural Resources (ENR) Law Center at the University of Oregon, was expecting her third son. With a long career both practicing and teaching environmental and natural resources law, climate change was not a new concept for Wood. But in the wake of Katrina’s devastation, she began to see the connections between the future of the environment and the future of humanity more clearly.
“Climate [change] just hit me as this horrendous new reality that my child would be born into,” she says. “Every young person is facing an unthinkable future if we don’t get this problem under control.”
Wood has since become nationally recognized for her scholarship on the public trust doctrine, or the principle that public natural resources must be maintained as a lasting endowment for the public’s use. Recognizing the failure of statutory law to adequately deal with major environmental problems, Wood uses the public trust doctrine to compel government action on climate change. Her 2013 book, Nature’s Trust: Environmental Law for a New Ecological Age, inspired Atmospheric Trust Litigation (ATL), the legal approach now being used in cases and petitions brought by the organization Our Children’s Trust (OCT) on behalf of children and youth throughout the United States and other countries.
November 15, 2016
New Republic | The Plucky Millennials Racing to Save the World From Donald Trump
It is not a stretch to say that Donald Trump’s election could be the end of the world as we know it. Trump, who claims that global warning is a hoax perpetrated by the Chinese, has said he will withdraw the United States from the Paris Climate Agreement. He has vowed to block President Barack Obama’s emission-cutting Clean Power Plan, and has suggested that he will tap coal-sponsored climate contrarian Myron Ebell to dismantle the Environmental Protection Agency.
But, like any good apocalyptic sci-fi film, there may be hope from an unlikely quarter.
Last year, 21 people between the ages of eight and 19 sued the federal government for violating their constitutional due process rights by increasing carbon emissions—even as government officials, going back 50 years, acknowledged the harm of global warming. Among other evidence, the plaintiffs cite a 1969 letter from then–White House adviser Patrick Moynihan to President Nixon’s counsel warning of “apocalyptic change” and the loss-by-sea of Miami and Washington, D.C. The plaintiffs demand that the federal government hatch and carry out a plan to slash carbon emissions—right now.
November 14, 2016
Slate | The Kids Suing the Government Over Climate Change Are Our Best Hope Now
Aiken’s ruling supported the idea that climate damages like this should be considered unconstitutional. In her decision, drawing on the recent Supreme Court decision of Obergefell v Hodges that guaranteed the right to same-sex marriage, Judge Aiken wrote:
I have no doubt that the right to a climate system capable of sustaining human life is fundamental to a free and ordered society. Just as marriage is the foundation of the family, a stable climate system is quite literally the foundation of society, without which there would be neither civilization nor progress. … To hold otherwise would be to say that the Constitution affords no protection against a government’s knowing decision to poison the air its citizens breathe or the water its citizens drink.
Citing the public trust doctrine, an ancient understanding of the responsibility of governments that dates back to Roman times, Aiken agreed with the plaintiffs that the aggregate actions and inactions of the government on climate change have “so profoundly damaged our home planet that they threaten plaintiffs’ fundamental constitutional rights to life and liberty.” Given what she called the government’s “deep resistance to change,” and calling her decision “groundbreaking,” Aiken wrote that “the seriousness of plaintiffs’ allegations underscores how vitally important it is for this court to apply those standards carefully and correctly.”
November 11, 2016
Pacific Standard | Can a Surprise Lawsuit in Oregon Save American Climate Policy?
Some of the most striking lines from Aiken’s decision (you should really read the whole thing):
- “Federal courts too often have been cautious and overly deferential in the arena of environmental law, and the world has suffered for it.”
- “This lawsuit is not about proving that climate change is happening or that human activity is driving it. For the purposes of this motion, those facts are undisputed.”
- “Plaintiffs have alleged a causal relationship between their injuries and defendants’ conduct. At this stage, I am bound to accept those allegations as true.”
- “I have no doubt that the right to a climate system capable of sustaining human life is fundamental to a free and ordered society.”
- “The federal government, like the states, holds public assets — at a minimum, the territorial seas — in trust for the people.”
- “The Institutes of Justinian declared ‘the following things are by natural law common to all: the air, running water, the sea, and consequently the seashore.’ J. Inst. 2.1.1 (J.B. Moyle trans.). The doctrine made its way to the United States through the English common law.”
November 10, 2016
Bloomberg | After Obama, Trump May Face Children Suing Over Global Warming
Environmentalists said the ruling is especially poignant because Trump, a real estate developer and former reality television star, has called climate change a hoax.
“We have a president-elect who is an obvious climate denier and both political branches controlled by a party rampant with climate denialism," said Julia Olson, a plaintiffs attorney in the case. “It makes the job of the court that much more important in our constitutional democracy."
“If the government continues to delay urgent annual emissions reductions, my generation’s well-being will be inexcusably put at risk," the lead plaintiff, Kelsey Juliana, 20, said in the complaint.
November 10, 2016
Victory for America's Youth - Constitutional Climate Lawsuit against U.S to Proceed
Federal Judge Ann Aiken rejects U.S. government and fossil fuel industries motions to dismiss
Eugene, OR – Today, the federal court in Eugene, Oregon decided in favor of 21 youth plaintiffs in their “groundbreaking” constitutional climate lawsuit against President Obama, numerous federal agencies, and the fossil fuel industry. U.S. District Court Judge Ann Aiken completely rejected all arguments to dismiss raised by the federal government and fossil fuel industry, determining that the young plaintiffs’ constitutional and public trust claims could proceed. Now, the 21 plaintiffs, who range in age from 9-20, are preparing for trial in what is believed to be a turning point in United States constitutional history.
November 4, 2016
Teen Vogue | Climate Change Is the REAL American Horror Story Nobody's Talking About
October 18, 2016
Think Progress | Norwegians take their government to court over Arctic drilling
“Signing [the Paris climate agreement] while throwing open the door to Arctic oil drilling is a dangerous act of hypocrisy,” Truls Gulowsen, head of Greenpeace Norway, said in an emailed statement. “By allowing oil companies to drill in the Arctic, Norway risks undermining global efforts to address climate change. When the government fails to redress this we have to do what we can to stop it.”
October 18, 2016
Youth file lawsuit against Norwegian government over Arctic oil
October 7, 2016
Vice | Xiuhtezcatl Martinez is named 'The Planet's Plaintiff'
September 28, 2016
Maine Youth File Climate Rulemaking Petition
September 16, 2016
Inslee Administration Finalizes Feckless Clean Air Rule
This action defies two court orders issued by King County Superior Court Judge Hollis R. Hill, which recognized that Ecology has a mandatory duty to "preserve, protect and enhance the air quality for the current and future generations" and to protect the fundamental, constitutional rights of Washingtonians to a healthful and pleasant atmosphere.
"Ecology’s new rule fails us children in every possible way," said Gabe Mandell, a youth petitioner in the case. "It ignores the judge’s ruling that we have the right to a healthful and pleasant atmosphere. Talking about the dire consequences of climate change, yet planning to let big polluters off the hook shows real disrespect for my generation and generations to come."
September 13, 2016
Ahead of Today's Hearing, Youth Show Solidarity with Standing Rock Sioux Nation
September 12, 2016
CNN | Meet the mom litigating the 'biggest case on the planet'
I'm not a parent, but all of us know children who we care about deeply. What makes Olson's argument so powerful is that it's tapping into what Wood, the law professor, calls a "primal urge" to protect young people. Imagine seeing a child floating down a river and struggling to swim, Wood told me. You only have a certain amount of time to act before the child is gone.
Do you dive in now or do you wait? At what point do you try to throw the kid a rope? I hope the answer is now. We too rarely treat climate change with the same urgency she does. It's too easy to pretend this is a distant disaster, one we won't experience. We're writing off future generations. People "have a hard time staying present in the trauma of it," she told me. "You can't work through trauma unless you're willing to stay in it -- and feel it."
Near the end of my interview with Olson, she outlined for me (and an independent documentary film crew) her fears about the world in which her children could grow up. "They are going to live in a very different world than I did, and I hope we can stop as much of the devastating changes as possible, but they're going to need tools of how to live in community and depend on people ... and find ways to deal with the catastrophes that will come ..."
September 7, 2016
Amidst Mounting Climate Chaos, One Court Presides Over Fate of Nation and Its Youth
Twenty-one youth plaintiffs, and Dr. James Hansen, filed a lawsuit in 2015 against the United States, seeking to secure their constitutional and public trust rights to a stable climate. Three trade associations, representing the fossil fuel industry intervened to protect their interests. Both the government and the trade associations filed motions to dismiss to throw the youth’s case out of court. They lost.
“We must hold the world's governments accountable for the safety of current and future generations,” said Roger Cox, the Dutch lawyer who won a similar lawsuit against the Netherlands last year for not taking sufficient measures to reduce greenhouse gas emissions that cause dangerous climate change. “If U.S. courts uphold their federal government's duty to protect our atmosphere, that would bolster our own legal efforts in Europe and give hope across the world that the U.S. may finally walk the walk, and not just talk the talk.”
September 1, 2016
Washington Youths Unveil Proposed Climate Legislation to Protect Their Constitutional Rights
The plaintiffs brought their climate case against the Washington Department of Ecology for its persistent refusal to implement science-based carbon pollution limits. Ecology has now missed at least three deadlines to make a legislative recommendation to update the existing GHG emission limits, which Ecology has said “need to be more aggressive” and “adjusted to better reflect the current science.” The youths’ lawsuit is part of the global youth climate campaign led by Our Children’s Trust.
August 25, 2016
Youth Recommend Science-Based Climate Standard to UN Committee on Rights of the Child
August 18, 2016
Colorado Communities Back Youths' Critical Fracking Lawsuit
Diverse groups of Coloradans who have substantial and varied interests in protecting public resources from fracking and climate change came together to support the youth plaintiffs. The Catholic Climate Movement of Colorado, the Denver Catholic Network, and 350 Colorado are three of more than 30 groups supporting the youths’ case.
“We stand behind these young people fighting for a healthy future and a safe Colorado,” said Marie Venner of the Catholic Climate Movement (GCCM) Colorado, and Global CCM (GCCM) Steering Committee. “Fracking is causing long-term damage that the public will have to pay to repair, and it is usurping urgent necessary investments in free, clean, and long-term energy from the sun and wind. Catholics and many other Christians, ethical people of all faiths or no faith at all, want to respect life and preserve what is life-giving. We need to take responsibility for how carbon-intensive our local energy is and take action so life, jobs, and a supportive environment remain in Colorado. Pope Francis urges us (in paragraph 165 of Laudato Si’) to transition off fossil fuels without delay. Thank God for our young people and Our Children’s Trust working on behalf of the common good and care of our common home.”
July 27, 2016
Pennsylvania Court Disregards Constitutional Obligation to Protect Natural Resources for Present and Future Generations
July 25, 2016
WA Youths Provide Inslee Administration with Climate Science to Make Proposed Clean Air Rule Comply With Law
July 12, 2016
Media Advisory: Inslee Administration to hold Public Hearings on the Proposed Clean Air Rule that Defies Court Order
June 29, 2016
Pakistan Supreme Court Allows Youth’s Constitutional Climate Case to Proceed on Behalf of Present and Future Generations
At a hearing in Karachi, the Pakistan Supreme Court heard arguments from public interest environmental attorney Qazi Ali Athar and ruled in favor of seven-year-old youth petitioner Rabab Ali. The Court overruled the registrar's previous rejection of the petition and ruled that Rabab's constitutional climate change lawsuit is allowed to proceed to the merits of her case.
June 24, 2016
Xiuhtezcatl Martinez sits down with Bill Maher on Real Time
June 22, 2016
Our Children's Trust executive director, Julia Olson, and federal plaintiff Alex Loznak talk with Thom Hartmann on The Big Picture
June 22, 2016
New Report on Climate Litigation Features Youth-Led Cases Supported by Our Children's Trust
The report, CLIMATE JUSTICE: The international momentum towards climate litigation, documents the growing number of climate change cases being brought across the world. Here are some key excerpts from the Executive Summary:
"Climate litigation has spread beyond the US into new jurisdictions throughout Asia, the Pacific and Europe. Claimants are not only targeting the ‘Carbon Majors’, who are the world’s largest producers of oil, coal and gas,but are also targeting the governments around the world that are continuing to support and collude with the Carbon Majors by promoting, subsidizing and approving a fossil-fuel based energy system,with the full knowledge of the catastrophic impacts of climate destabilization and ocean acidification that would result from continuing to burn fossil fuels."
"Governments need to be held to their own affirmative fiduciary and constitutional responsibilities to their citizens to protect essential natural resources for the benefit of all present and future generations . . . Without this shift to judicial recognition and enforcement of sovereign governmental obligations to protect shared natural resources, including a healthy atmosphere, ocean and climate system, in accordance with the best available science, as well as private liability, legislative and executive action on the global domestic and international levels will remain as ineffective in the future as it has been in the past."
June 16, 2016
Press Release: WA Gov. Doubles Down on Betraying Youth
Seattle – Yesterday, in an act betraying the youth of Washington, “green” Gov. Jay Inslee’s administration appealed a Washington Superior Court decision ordering his administration to issue a rule limiting greenhouse gas emissions by the end of the year. Today, Inslee published an op-ed touting his climate record in The Hill with no mention of the case or his administration’s anti-environment appeal of the decision.
Inslee’s appeal of the youth win in court comes just six weeks after his office and his campaign praised the decision, and two weeks after the June 1, 2016 rollout of his proposed Clean Air Rule, supported by the fossil fuel and aluminum industries.
Following King County Superior Court Judge Hollis R. Hill’s unprecedented April 29, 2016 ruling in favor of eight young people and against the Department of Ecology, Inslee’s reelection campaign immediately sent out an email praising the victory:
“Thanks to those eight kids, the court has affirmed our plan to act, contrary to the assertion of those who continue to obstruct action on climate change and ocean acidification…That’s why this election is so important.”
June 9, 2016
Press Release: Aiken to Hear Youth v. United States Climate Case
Eugene, Oregon (USA) – Yesterday, U.S. District Court Judge Ann Aiken scheduled oral argument for youths’ landmark climate lawsuit for September 13, at 10 am PST in Eugene, OR. The 21 young plaintiffs received a favorable decision in their case brought against the federal government and fossil fuel industry from U.S. Magistrate Judge Thomas Coffin back in April. Now, they are looking forward to their next opportunity to appear in court to fight for climate justice.
“I am excited that Judge Aiken is interested in hearing our oral argument this September,” said plaintiff Kiran Oommen, a 19-year-old from Eugene, Oregon. “The U.S. government’s continued support of the fossil fuel industry, despite the obvious high risks, is hurting people all the time and it’s getting worse. With incidents like the oil train derailment and proceeding disaster in Mosier, Oregon this month, we can see the direct negative consequences of the government’s blatant disregard for the health and safety of the people. The longer this case lasts, the greater the evidence will be condemning their actions.”
June 2, 2016
Media Advisory: Pennsylvania Youth Head to Court to Fight for Constitutional Rights to Stable Climate
WHAT: A panel of judges in the Commonwealth Court of Pennsylvania will hear oral arguments in the constitutional and public trust climate change case brought by seven young plaintiffs against Gov. Tom Wolf and six state agencies. This case is part of a national youth-led campaign organized by Our Children’s Trust. The effort has resulted in recent wins in Massachusetts and Washington state.
WHEN: Monday, June 6, 2016
Hearing begins at 1:00 p.m. EST; please arrive by 12:30 to secure your seat
WHERE: Suite 3001, Pennsylvania Judicial Center
601 Commonwealth Avenue, Harrisburg, PA 17106
WHY: Plaintiffs are asking the defendants to take necessary steps to regulate Pennsylvania’s carbon dioxide and other greenhouse gases consistent with the Commonwealth’s duty and obligations as public trustee under Article I, Section 27 of the Pennsylvania Constitution to conserve and maintain public natural resources, including the atmosphere, for the benefit of present and future generations. They contend that the Wolf administration and the six agencies are violating their constitutional and public trust rights as a result of decades of promoting the development and use of fossil fuels in Pennsylvania.
The suit was filed by the Environmental & Natural Resources Law Clinic, at Widener University Delaware Law School, with Associate Professor of Law and Clinic Director Kenneth T. Kristl as lead counsel. The Clinic prepares Delaware Law School students for practice by involving them in environmental cases and appeals like this one.
This case is one of several similar state, federal, and international cases, all supported by Our Children’s Trust, seeking the legal right to a healthy atmosphere and stable climate.
Ashley Funk, one of the seven plaintiffs, was recently featured on Heat of The Moment, WBEZ Chicago’s long-term project about climate change. Listen to her share her story about growing up in coal country here.
June 1, 2016
Press Release: Inslee Administration Defies Court Order, Betrays Children
Seattle, WA – Today, the Inslee administration released its revised Clean Air Rule that defies an unprecedented May 16, 2016 court order issued by King County Superior Court Judge Hollis R. Hill, and fails the children of Washington. Judge Hill ordered the state to adopt a rule “to limit greenhouse gas emissions in Washington” by the end of the year.
The proposed Clean Air Rule, however, is based on outdated emissions data and only requires emissions reductions of a mere 1.7 percent annually, completely disregarding current science that would put Washington on a path toward climate stability.
May 23, 2016
The New York Times features expert opinions in support of youth's climate lawsuit
Today, The New York Times featured Our Children's Trust and the lawsuits brought by young people in its 'Room for Debate' column.
Three of the four debaters are in support of the youth's lawsuits. Click on the images below to read their opinions.
May 17, 2016
Press Release: Youth Win Climate Case in Massachusetts Supreme Court
Today, the Massachusetts Supreme Judicial Court found in favor of four youth plaintiffs, all supported by Our Children's Trust, the Conservation Law Foundation, and Mass Energy Consumers Alliance, in the critical climate change case, Kain et al. v. Massachusetts Department of Environmental Protection. The Court found that the DEP was not complying with its legal obligation to reduce the State’s GHG emissions and ordered the agency to “promulgate regulations that address multiple sources or categories of sources of greenhouse gas emissions, impose a limit on emissions that may be released . . . and set limits that decline on an annual basis.”
May 5, 2016
DW Deutsche Welle, Germany's international broadcaster, interviews Tia Hatton & Julia Olson
Click below to listen to the amazing full interview with federal youth plaintiff Tia Hatton, 19 and OCT's executive director and chief legal counsel, Julia Olson.
April 29, 2016
Press Release: Youths Secure Second Win In Washington State Climate Lawsuit
Seattle, WA – Today, in a surprise ruling from the bench in the critical climate case brought by youths against the State of Washington's Department of Ecology (“Ecology”), King County Superior Court Judge Hollis Hill ordered Ecology to promulgate an emissions reduction rule by the end of 2016 and make recommendations to the state legislature on science-based greenhouse gas reductions in the 2017 legislative session. Judge Hill also ordered Ecology to consult with the youth petitioners in advance of that recommendation. The youths were forced back to court after Ecology unexpectedly withdrew the very rulemaking efforts to reduce carbon emissions the agency told the judge it had underway. This case is one of several similar state, federal, and international cases, all supported by Our Children’s Trust, seeking the legal right to a healthy atmosphere and stable climate.
April 14, 2016
Democracy Now! | "Landmark Climate Lawsuit: Meet the Youth Activists Suing the U.S. Government & Fossil Fuel Industry"
Today, Amy Goodman sat down with our executive director and chief legal counsel, Julia Olson and 15-year-old federal plaintiff Aji Piper on Democracy Now! to discuss our landmark climate lawsuit and what the big April 8 decision means for the case and the planet. Watch the full video below.
April 8, 2016
Press Release: VICTORY IN LANDMARK CLIMATE CASE!
FEDERAL COURT AFFIRMS CONSTITUTIONAL RIGHTS OF KIDS AND DENIES MOTIONS OF GOVERNMENT AND FOSSIL FUEL INDUSTRY IN YOUTH’S LANDMARK CLIMATE CHANGE CASE
Today, U.S. Magistrate Judge Thomas Coffin of the federal District Court in Eugene, OR, decided in favor of 21 young Plaintiffs, and Dr. James Hansen on behalf of future generations, in their landmark constitutional climate change case brought against the federal government and the fossil fuel industry. The Court’s ruling is a major victory for the 21 youth Plaintiffs, ages 8-19, from across the U.S. in what Bill McKibben and Naomi Klein call the “most important lawsuit on the planet right now.” These plaintiffs sued the federal government for violating their constitutional rights to life, liberty and property, and their right to essential public trust resources, by permitting, encouraging, and otherwise enabling continued exploitation, production, and combustion of fossil fuels.
Plaintiffs’ attorney Philip Gregory with Cotchett, Pitre, & McCarthy of Burlingame, CA, said: “This decision is one of the most significant in our nation’s history. The Court upheld our claims that the federal government intensified the danger to our plaintiffs’ lives, liberty and property. Judge Coffin decided our Complaint will move forward and put climate science squarely in front of the federal courts. The next step is for the Court to order our government to cease jeopardizing the climate system for present and future generations. The Court gave America’s youth a fair opportunity to be heard.”
As part of Friday’s historic decision, Judge Coffin characterized the case as an “unprecedented lawsuit” addressing “government action and inaction” resulting “in carbon pollution of the atmosphere, climate destabilization, and ocean acidification.” In deciding the case will proceed, Judge Coffin wrote: “The debate about climate change and its impact has been before various political bodies for some time now. Plaintiffs give this debate justiciability by asserting harms that befall or will befall them personally and to a greater extent than older segments of society. It may be that eventually the alleged harms, assuming the correctness of plaintiffs' analysis of the impacts of global climate change, will befall all of us. But the intractability of the debates before Congress and state legislatures and the alleged valuing of short term economic interest despite the cost to human life, necessitates a need for the courts to evaluate the constitutional parameters of the action or inaction taken by the government. This is especially true when such harms have an alleged disparate impact on a discrete class of society.”
April 6, 2016
Press Release: In Wake of WA Climate Rule Withdrawal, Youth Petitioners Return to Court
SEATTLE – Today, the youth petitioners in a precedent-setting case over climate disruption in Washington state asked the court to step in yet again after the state Department of Ecology withdrew its proposed rule to reduce carbon emissions. By withdrawing the proposed rule, Ecology demonstrated it is unable or unwilling to fulfill its legal responsibilities absent a court order directing it to do so in a timely manner.
“This is incredibly devastating to us, because we spent a lot of time and energy working on our lawsuit, and it feels like no one cares at all about our futures,” said Wren Wagenbach, a youth petitioner in the case. “We are so frustrated that Ecology made the decision to withdraw the rule that Governor Inslee directed them to do! They know they have to move quickly, but they just can’t seem to get it done,” said youth petitioners Lara and Athena Fain.
April 5, 2016
Press Release: Youth Files Constitutional Climate Petition with the Supreme Court of Pakistan
Karachi, Pakistan – Today, a 7-year-old girl, Rabab Ali, through her father and pro bono environmental attorney Qazi Ali Athar, and on behalf of all the Pakistani people, filed a climate change lawsuit against the Federation of Pakistan and the Province of Sindh in the Supreme Court of Pakistan. The Constitution Petition asserts that, through the exploitation and continued promotion of fossil fuels, in particular dirty coal, the Pakistan and Sindh governments have violated the Public Trust Doctrine and the youngest generation’s fundamental constitutional rights to life, liberty, property, human dignity, information, and equal protection of the law.
“The protection of these inalienable and fundamental rights is essential if we are to have any chance of leaving our children and future generations with a stable climate system and environment capable of sustaining human life,” said Qazi Ali Athar, public interest environmental attorney representing his daughter as youth petitioner in the case. “Pakistan is rich in renewable energy resources such as solar and wind, more than enough to meet the energy needs of current and future generations of Pakistanis. Yet the federal and provincial governments of Pakistan, along with the vested interests in the country and the region, are exploiting Pakistan’s most environmentally degrading and carbon intensive fuels—low-grade coal from the Thar Coal Reserves—in violation of the Pakistani people’s constitutionally protected fundamental rights.”
April 4, 2016
Press Release: Colorado Youth File Appeal After Court Places Oil & Gas Development Above Public Health Interests
Denver, Colorado – Today, six youth plaintiffs appealed Denver District Court Judge Eric Elliff’s adverse decision to their fracking and climate change lawsuit. In his decision, Judge Elliff affirmed the Colorado Oil and Gas Conservation Commission’s order to deny the fracking petition brought by the young plaintiffs, determining that the Commission is required to “strike a balance between the regulation of oil and gas operations and protecting public health, the environment, and wildlife resources.”
“Our health and safety are on the line,” said Xiuhtezcatl Roske-Martinez, 15-year-old plaintiff and youth director of Earth Guardians. “For the future of all Coloradans, it was imperative for us to file this appeal. It’s a preposterous idea that the Commission need to strike a balance between regulation of oil and gas operations and protecting the health of Coloradans. The Commission’s priority should be the health and safety of us, the people. Right now, our government is putting their profits above our futures and that needs to stop.”
March 12, 2016
Rolling Stone | "Why Young Americans Are Suing Obama Over Climate Change"
Click the image below to read the full article!
March 11, 2016
The Weather Channel | "Teens Sue U.S. Government for Lack of Climate Change Defense"
March 9, 2016
Press Release: Hundreds Pack Oregon Courthouse to Support Youth in Landmark Climate Change Case
Hundreds of students, activists, professors, and citizens concerned about climate turned out for a historic hearing in Eugene, Oregon to support 21 young plaintiffs, ages 8-19, in what Bill McKibben and Naomi Klein call the “most important lawsuit on the planet right now.” The plaintiffs’ sued the federal government for violating their fundamental constitutional rights to life, liberty and property by taking actions that permit, encourage, and otherwise enable continued exploitation, production, and combustion of fossil fuels.
The purpose of Wednesday’s hearing was to hear arguments from the parties on the federal government’s and fossil fuel industry's motions to dismiss the youth’s climate change lawsuit. The judge conducted incisive questioning of lawyers presenting oral argument for both sides on the issue. The hearing lasted for two hours. It’s unclear when he will reach a decision on the defendants’ motions, but the youth plaintiffs are optimistic the Judge will treat their case fairly.
“Defendants are wrong that our complaint fails to allege constitutional and public trust violations for the harms caused these young plaintiffs,” said Julia Olson, lead counsel for the plaintiffs and Executive Director of Our Children’s Trust, in her closing argument. “Defendants in essence ask this court to ignore the undisputed scientific evidence, presented in our complaint and in opposing this motion, that the federal government has, and continues to, damage plaintiffs’ personal security and other fundamental rights. But these young plaintiffs have the right to prove the government’s role in harming them has been knowing and deliberate.”
March 9, 2016
CNN | "Climate kids take on the feds"
March 9, 2016
The Nation | "21 Kids Are Suing President Obama Over Climate Inaction"
March 9, 2016
The Guardian | "Teens Challenge US Government for not protecting them from climate change"
March 2, 2016
Press Release: State of Washington Delays Action on Climate Change - Again
SEATTLE – On Friday, Feb. 26, the Washington Department of Ecology withdrew its proposed rule to reduce carbon emissions in the state. The rule was supposed to remedy a lawsuit brought by eight youth petitioners against the state of Washington, in which Judge Hollis R. Hill declared "[the youths’] very survival depends upon the will of their elders to act now, decisively and unequivocally, to stem the tide of global warming…before doing so becomes first too costly and then too late."
"This is incredibly devastating to us, because we spent a lot of time and energy working on our lawsuit, and it feels like no one cares at all about our futures," said Wren Wagenbach, a youth petitioner in the case. "We are so shocked that Ecology made the decision to withdraw the rule that Governor Inslee directed them to do! We can't understand this at all,” said youth petitioners Lara and Athena Fain.
February 23, 2016
Press Release: Colorado Court Places Oil & Gas Development Above Public Health Interests
Denver, Colorado – On Friday, Denver District Court Judge J. Eric Elliff affirmed Colorado Oil and Gas Conservation Commission’s (COGCC) order to deny the fracking petition brought by seven young plaintiffs, stating that the Commission is required to “strike a balance between the regulation of oil and gas operations and protecting public health, the environment, and wildlife resources.” Judge Elliff is not the judge who was originally assigned the case and who denied the COGCC’s earlier motion to dismiss the case.
“It’s a preposterous idea that the Commission need to strike a balance between regulation of oil and gas operations and protecting the health of Coloradans,” said Xiuhtezcatl Roske-Martinez, 15-year-old petitioner and youth director of Earth Guardians. “The Commission’s priority should be the health and safety of us, the people. Right now, our government is putting their profits above our futures and that needs to stop. I’m working with my attorneys to discuss next steps.”
January 22, 2016
Moyers & Company | "Kids Suing Government for Climate Action Attract Influential Allies and Opponents"
January 13, 2016
Press Release: Fossil Fuel Industry Becomes Named Defendant in Youths’ Landmark Constitutional Climate Lawsuit
Eugene, OR – Magistrate Judge Thomas Coffin of the federal District Court in Oregon granted defendant status to three trade associations, representing nearly all of the world’s largest fossil fuel companies. The three associations had moved to intervene in the constitutional climate change lawsuit brought by 21 young people from around the country. The newly named trade association defendants are the American Fuel and Petrochemical Manufacturers (“AFPM”) (representing Exxon Mobil, BP, Shell, Koch Industries, and virtually all other U.S. refiners and petrochemical manufacturers), the American Petroleum Institute (“API”) (representing 625 oil and natural gas companies), and the National Association of Manufacturers (“NAM”).
“We believe Judge Coffin was wise to allow the fossil fuel industry into our constitutional case,” offered Philip Gregory, of Cotchett, Pitre & McCarthy in Burlingame, CA. Gregory serves as an attorney for the young Plaintiffs. “The fossil fuel industry would not want to be in court unless it understood the significance of our case. This litigation is a momentous threat to fossil fuel companies. They are determined to join the federal government to defeat the constitutional claims asserted by these youth Plaintiffs. The fossil fuel industry and the federal government lining up against 21 young citizens. That shows you what is at stake here.”
The fossil fuel powerhouses call the youth’s case “extraordinary” and “a direct, substantial threat to [their] businesses.” During Wednesday’s hearing, the industry argued that a decision in favor of plaintiffs on their legal claims will require a significant restructuring of the fossil fuel business model, such as potentially invalidating thousands of leases for fossil fuel extraction and development. “A finding of liability will necessarily lead to a remedy that will necessarily impact” the trade association members, said Quin Sorenson of Sidley Austin, counsel for AFPM, API, and NAM. Sorenson went on to argue that if the federal defendants are found liable for constitutional or public trust violations, that finding would in essence be a finding that the U.S. had acted unlawfully in permitting the fossil fuel activities of the associations’ member companies.
Judge Coffin agreed that a decision in plaintiffs’ favor would impact the interests of the fossil fuel intervenors. As a result, Judge Coffin wants to have the key interested parties in the courtroom should the case proceed to trial. Counsel for the trade associations confirmed the groups represent nearly every fossil fuel related company in America. In response to the Court’s questioning, the three trade associations stated they would all speak with “one unified voice” during the litigation.
January 4, 2016
Media Advisory: Massachusetts Supreme Judicial Court to Hear Youth’s Climate Change Lawsuit
WHAT: The Massachusetts Supreme Judicial Court will hear oral argument in the important climate change case, Kain et al. v. Massachusetts Department of Environmental Protection, brought by four inspiring youth plaintiffs, Conservation Law Foundation, and Mass Energy Consumers Alliance against the Massachusetts Department of Environmental Protection (DEP).
WHEN:Friday, January 8, 2016
Court hearing begins at 9:00 a.m.; please arrive by 8:30 a.m. to secure your seat.
There will also be a live webcast at: http://www.suffolk.edu/sjc/.
WHERE: Supreme Judicial Court
John Adams Courthouse
Courtroom 1, 2nd Floor
One Pemberton Square
WHY: The plaintiffs argue that the DEP has failed to promulgate regulations required by Section 3(d) of the Massachusetts Global Warming Solutions Act that would establish declining annual levels of greenhouse gas emissions. Massachusetts is not on track to meet its 2020 greenhouse gas goal of 25% below 1990 levels – a fact that is directly related to DEP’s failure to issue the required regulations. The plaintiffs are working to ensure that Massachusetts is complying with the law and doing everything necessary to protect their right to a healthy atmosphere and stable climate system.
The lawsuit was filed with the help of Our Children’s Trust, an Oregon-based non-profit orchestrating a game-changing, youth-driven legal campaign in the United States and across the world. The youth plaintiffs are being represented by attorneys at Sugarman, Rogers, Barshak & Cohen, P.C. in Boston.