USA: Court allows youth climate lawsuit against Trump administration to proceed

Kids_want_climate_justice_Credit_Lorie Shaull_wikicommons

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Article
20 July 2018

U.S. loses bid to end children's climate change lawsuit

Author: Jonathan Stempel, Reuters

A federal appeals court in San Francisco on Friday rejected the Trump administration's renewed bid to dismiss a lawsuit by young activists...[T]he 9th U.S. Circuit Court of Appeals said the government fell short of the "high bar" needed to dismiss the Oregon case...The government contended that letting the case proceed would be too burdensome, unconstitutionally pit the courts against the executive branch, and require improper "agency decision-making"...But the appeals court said the issues raised "are better addressed through the ordinary course of litigation."  A trial is scheduled for Oct. 29 in the federal court in Eugene, Oregon...Julia Olson, one of their lawyers, said in a phone interview, "The 9th Circuit sees that this case needs to go to trial with a full factual record on the young plaintiffs' harms, their constitutional rights and climate science."...

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Article
12 April 2018

Youth Climate Case Vs. U.S. Government Will Head to Trial in October

Author: Karen Savage, Climate Liability News

On October 29, 21 young people suing the federal government for violating their constitutional right to a safe climate will finally have their day in court.  The date was decided Thursday at a conference in Eugene, Ore., between attorneys for both sides and Magistrate Judge Thomas M. Coffin.  The case will be heard by United States District Court Judge Ann Aiken...“In the coming months there will be depositions of the parties, defendants’ disclosure of their experts, and expert depositions in late summer,” said Julia Olson, lead attorney for Our Children’s Trust and co-counsel for the youth plaintiffs.  “We will build a full factual record for trial so that the Court can make the best informed decision in this crucial constitutional case.”...

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Article
7 March 2018

Children’s Climate Lawsuit Heads to Trial: Court Rejects Trump Attempt to Block It

Author: Nicholas Kusnetz, Inside Climate News

A federal appeals court rejected the Trump administration's attempt to halt a landmark climate change lawsuit on Wednesday, ruling that the case can proceed to trial in a lower court.  The lawsuit, brought in 2015 by 21 youths, argues that the federal government has violated their constitutional rights by failing to act on climate change...The plaintiffs are asking the courts to force the government to enact policies that would cut the nation's greenhouse gas emissions and end subsidies to fossil fuel companies...In the ruling published Wednesday...chief judge of the 9th Circuit Court of Appeals, wrote that the government's concerns would be "better addressed through the ordinary course of litigation."...If the case does proceed to trial, each side will have to produce documents and submit to depositions first...

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Article
7 March 2018

Federal court denies Trump’s last-ditch attempt to derail the youth climate lawsuit

Author: Natasha Geiling, Think Progress (USA)

A federal court has denied the Trump administration’s last-ditch effort to prevent a landmark climate lawsuit from going to trial...The case brought by 21 children and young adults against the federal government for its role in perpetuating climate change has been making its way through the court system since 2015...[T]he Trump administration tried to get it dismissed...  The Ninth Circuit...disagreed...that the trial would place an undue burden on the defendants because of the massive amount of discovery likely associated with the process...If the case proceeds to trial, it will be the first time that the federal government has faced allegations of violating Constitutional rights due to its climate policies.  The lawsuit is based on...atmospheric trust litigation, which takes the doctrine of the public trust...and applies it to the atmosphere.  By failing to preserve the atmosphere for future generations — and by engaging in policies that actively undermine climate stability, like fossil fuel subsidies — the lawsuit argues that the government has violated its obligation to the public trust.  The lawsuit also argues that the government has violated the plaintiffs’ right to due process...

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Article
7 March 2018

Juliana v. US Appeal Judgement re climate lawsuit

Author: US Court of Appeals for the 9th Circuit

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Article
7 March 2018

Ninth Circuit Rules in Favor of Youth Plaintiffs, Rejects Trump’s Attempt to Evade Constitutional Climate Trial

Author: Our Children Trust (USA)

...Chief Judge Sidney R. Thomas...rejected the Trump administration’s “drastic and extraordinary” petition for writ of mandamus in the landmark climate lawsuit, Juliana v. United States, brought by 21 youth supported by Our Children’s Trust.  The Court ruled that the Juliana case can proceed toward trial...and that the Trump administration had not satisfied the factors necessary for an extraordinary writ of mandamus...The Trump administration’s mandamus petition sought early review of U.S. District Court Judge Ann Aiken’s 2016 denial of motions to dismiss the youth’s lawsuit, which seeks a constitutionally compliant national energy system and science-based climate recovery action by the federal government...[T]he Ninth Circuit ruled that the federal government had not established that it was harmed by any discovery order and had not met the factors for issuing an extraordinary writ...

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Article
7 March 2018

The Trump administration just failed to stop a climate lawsuit brought by 21 kids

Author: Chris Mooney, The Washington Post (USA)

The Trump administration cannot short-circuit a federal climate change lawsuit brought by a group of 21 children and teenagers, an appellate court ruled...In a suit...the young plaintiffs assert that the government’s actions to promote fossil fuel emissions violate the basic constitutional rights of future generations...The federal government had argued that the trial would entail burdensome requests for discovery and that the remedy requested by the young plaintiffs would violate the separation of powers...But...the U.S. District Court for the District of Oregon declined to dismiss the case and set it on a path toward a trial.  The Justice Department then sought a “writ of mandamus,” calling on the appellate court to stop the case before it could proceed further...[T]he 9th Circuit panel decided...that a halt was not justified in this case, and hard to justify in general...The case will probably proceed before the Oregon federal court...[T]he case will attempt to show that the globe is warming because of human activities and that the U.S. government isn’t taking action, meaning Americans who are children today will see their most basic rights violated, such as life, liberty and the pursuit of happiness...

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