Looking back on our 2020

For so many of us, 2020 has been a challenging year, and for some, a tragic year. However, as we look forward with hope for a better 2021, we wanted to take the opportunity to reflect back on and appreciate the many things we achieved, with your support, in 2020. So we offer here a quick review of some of the 2020 highlights in our fight to protect the rights of youth to a safe and stable climate:

january 2020

The Ninth Circuit Court of Appeals issued a divided 2-1 decision in Juliana v. U.S. All three judges agreed that the climate crisis is real, that the government causes and exacerbates the crisis through its affirmative actions, and that our youth plaintiffs are being harmed by these actions of their government. Paired with a powerful, blistering dissent Judge Josephine Staton, attorneys for the youth plaintiffs had what they needed to file a petition for en banc review by an 11 judge panel of the Ninth Circuit, to issue a new decision in the case, correcting several errors in the majority decision. We are still awaiting a response on that petition for review by the Ninth Circuit.


february 2020

Supported by Our Children’s Trust and the Duke Environmental Law and Policy Clinic, three youth petitioners in North Carolina filed a new petition for science-based climate rulemaking with the North Carolina Department of Environmental Quality.


march 2020

On March 13, 2020, with the support of Our Children’s Trust, 16 young people from across the state of Montana filed a new constitutional climate lawsuit - Held v. State of Montana - against the state of Montana, asserting that, by supporting a fossil fuel-driven energy system, which is contributing to the climate crisis, Montana is violating their constitutional rights to a clean and healthful environment; to seek safety, health, and happiness; and to individual dignity and equal protection of the law. The youth plaintiffs also argue that the state’s fossil fuel energy system is degrading and depleting Montana’s constitutionally protected public trust resources, including the atmosphere, rivers and lakes, and fish and wildlife. The first hearing in this case will be held on February 18, 2021.

Also in March, in addition to filing the petition for en banc review in Juliana v. United States, amicus briefs supporting the Juliana plaintiffs were filed by 24 members of Congress, prominent experts in the fields of constitutional law, climate change, and public health, and leading women’s, children’s, environmental, and human rights organizations.


april 2020

As part of the 50th anniversary of Earth Day, Our Children’s Trust hosted online events and a dynamic social media campaign sharing highlights and victories from 10 years of supporting and representing young people fighting to protect their constitutional rights to a safe climate.


may 2020

To prepare for a hearing in June, several of the youth plaintiffs in Reynolds v. State of Florida joined their attorneys in an online briefing to discuss their case and how their government is harming them by investing in fossil fuel-based energy systems. Several of the youth plaintiffs also published powerful op-eds in newspapers around the state.

Attorneys at Our Children’s Trust also made a submission to the United Nations Special Rapporteur in the field of cultural rights asking the UN to set science-based standards to protect the cultural and human rights of young people we represent, and Indigenous Youth across the globe.

Also beginning in May, Our Children’s Trust, on behalf of the 65 youth petitioners in Colorado who filed a November 2019 petition for rulemaking, and Earth Guardians submitted a series of comments, expert testimony, proposed rule changes, and legal arguments to the Colorado Oil and Gas Conservation Commission (COGCC) regarding its ongoing rulemaking. OCT attorneys and young people they support provided testimony and written statements to the COGCC throughout their rulemaking process, from May into November.


June 2020

Attorneys for the Florida youth argued their case online due to the COVID-19 pandemic, on June 1, 2020. Circuit Judge Kevin J. Carroll “regretfully” ruled from the bench against the plaintiffs, he also urged them to file an appeal with the First District Court of Appeals. The initial brief for the appeal was filed on September 9, 2020, followed by the appeal being filed on December 9, 2020.


july+August 2020

On July 10th, Our Children’s Trust celebrated 10 years of fighting for the legal rights of young people to a safe climate. In just a decade, OCT has represented hundreds of young people and youth organizations in landmark climate litigation, and thousands more in other legal actions. We have led legal actions in all 50 U.S. states, as well as the federal lawsuit Juliana v. United States, have led and participated in global legal work where we’ve driven, supported, or inspired youth climate cases in 18 other countries, from Canada to Colombia. OCT staff and supporters celebrated this moment with an online gathering on August 3, 2020, where OCT staff were joined by Professor Mary Wood, originator of the Atmospheric Trust legal theory, and Xiuhtezcatl Martinez, a Juliana plaintiff, hip-hop artist, and advisor to Earth Guardians.


september 2020

Supported by OCT, fifteen Mexican youths from the State of Baja California announced the filing of their climate lawsuit against the Mexican government. In Jóvenes v. Gobierno de México, the plaintiffs, who are between the ages of 17 and 23, asked that the Mexican government comply with its constitutional obligations and the terms of the General Law on Climate Change and issue regulations and public policies to properly enact it. Attorneys for the youth plaintiffs anticipate a hearing on the case in early 2021.

On September 17, 2020, Our Children’s Trust Senior Litigation Attorney Andrea Rodgers presented oral arguments in Aji P. v. State of Washington before a panel of three judges in the Washington State Court of Appeals. The youth plaintiffs argued that the case should proceed to trial. The plaintiffs now await a ruling from the court.

On September 23rd, Members of Congress introduced a concurrent resolution in the Senate and in the House of Representatives to protect the fundamental rights of the nation’s children given today’s climate crisis. Seven Senators and 50 Representatives joined as original cosponsors of the resolution: “The Children’s Fundamental Rights and Climate Recovery Resolution.” The Resolution recognizes that the current climate crisis disproportionately affects the health, economic opportunity, and fundamental rights of children, and demands that the United States develop a national, comprehensive, science-based, and just climate recovery plan to meet necessary emissions reduction targets. The resolution supports the principles underpinning Juliana v. United States, the landmark constitutional climate lawsuit brought by 21 young Americans, and youth climate organization Earth Guardians, who are suing the executive branch of the federal government for creating a national energy system that causes climate change.

Also, in September (a very busy month!), and preceded by an online briefing event with several of the youth plaintiffs, attorneys for the fifteen young Canadians in La Rose v. Her Majesty the Queen presented arguments during a two day hearing in Vancouver, British Columbia from September 30-October 1.


october 2020

On October 6th, OCT convened legislators, policy makers, media, and other important stakeholders to learn more about a groundbreaking new report prepared by energy experts Evolved Energy Research (EER). This new report introduced accessible, systemic, and economically feasible strategies to rapidly transition the state of Florida off fossil fuels and toward climate stabilization, including a detailed new roadmap that illustrates several low carbon technically and economically sound energy pathways for Florida consistent with returning atmospheric carbon dioxide (CO2) to 350 parts per million (ppm) by 2100, which scientists say is necessary to avoid the most dangerous effects of climate change. The new report is a crucial tool to inform statewide energy system decisions and complements the national energy transition report Our Children’s Trust shared in 2019.

Also in October, OCT unveiled a new organizational logo that married together our two identities: Our Children’s Trust and #youthvgov. While Our Children’s Trust is the name of our nonprofit public interest law firm, Youth v. Gov has long represented all of our legal actions where young people are taking on their governments on climate. To celebrate our 10th year as the world’s only law firm dedicated exclusively to representing youth in climate cases against their governments, all at no cost to them or their families, we unveiled a new logo that marries the name of our law firm with the identity of our community in a new timeless image that speaks to the sustainability and interconnectedness of our work, and the balance of justice and generational stewardship in our collective hands.

On October 22, in response to a divided ruling against the two youth plaintiffs in Chernaik v. Brown, Chief Justice Martha Walters of the Oregon Supreme Court wrote a powerful dissent that recognized the “ravages of climate change” and affirmed “the judicial branch has an important constitutional role to play and should declare the governing law.” Departing from the Supreme Court majority’s unwillingness to declare the law and duty of government at this urgent time of climate crisis, Justice Walters declared that “the time is now.” While the ruling was not what the youth plaintiffs nor their attorneys had hoped for, fierce dissents like these from Chief Justice Walters in October and Judge Staton in January signal to their peers in the judiciary a commitment to appropriately applying the law to constitutional cases that are often erroneously deemed to be too political for the courts.


november 2020

On November 11, “YOUTH v GOV”, the film about the incredible 21 Juliana v. United States youth plaintiffs had its world premiere online at the prestigious DOC NYC Film Festival. Our Children’s Trust provided award-winning Director Christi Cooper exclusive access to tell the remarkable story of the youth plaintiffs’ journey in their trailblazing constitutional case and the film was a hit at the festival, including receiving an extended run and being voted a runner-up to the Audience Award.

On November 17th, OCT hosted an online book reading event for author and award-winning investigative journalist Lee van der Voo, alongside some of the Juliana youth plaintiffs, to discuss her new book, As the World Burns: The New Generation of Activists and the Landmark Legal Fight Against Climate Change. For two and a half years, Lee interviewed Juliana youth plaintiffs and Our Children’s Trust attorneys and staff, gathering their stories and unique perspectives along the path to climate justice. Her remarkable new book shares the journey of this still-evolving legal case, telling the stories of these incredible youth plaintiffs against the backdrop of the current climate crisis. It explores why the youngest and most vulnerable of us are the most willing to take on the fight for their future and reveals the human side of the climate crisis.

Also in November, attorneys for young Canadian plaintiffs in La Rose v. Her Majesty the Queen filed their Notice of Appeal with the Federal Court of Appeals, alleging Justice Manson erred in striking the plaintiffs’ claims in an October 27th ruling (during which Justice Manason also acknowledged that “the negative impact of climate change to the Plaintiffs and all Canadians is significant, both now and looking forward into the future.”) The appeal will be filed in early 2021.


december 2020

Now, at the end of this tumultuous year during which our global campaign advanced in many critical ways, we offer this reflection on the many things we’ve accomplished in these past 12 months: two new cases filed, over 30 new plaintiffs represented and supported, new governments held accountable. Seven active state cases, two active global cases, a very critical federal U.S. case coming to a head in the highest courts of our land. Hearings held and arguments made on behalf of young people around the world, amicus briefs from preeminent experts and scholars filed, media coverage and online events to share the stories of our young plaintiffs and educate the public on the dangerous role our governments play in causing and exacerbating the climate crisis. Powerful judicial dissents and acknowledgements of evidence and fact that lay the groundwork for additional victories. A Congressional Resolution introduced, new energy research and data that demonstrates a clear and affordable path to transitioning our energy systems shared. New partnerships forged, old collaborations reinforced, gratitude through grief for the loss of titans like our friend and colleague Joe Arvay in Canada. A book, a film. An anniversary, a new logo.


As you can see, we’ve been very busy. And we have no intention of slowing down now. The planet is continuing to warm and young people around the globe are continuing to fight fiercely for their rights to science-based climate mitigation. We are right there with them, side by side, and will greet the new year with a renewed commitment to demanding the protection of their rights. We hope you’ll be there with us.

Thank you for your support.