Tag Archives: Law Suits

Exciting Update in Youth v. U.S. Climate Case

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Our Children’s Trust is pleased to report that U.S. District Court Judge Ann Aiken scheduled oral argument in our youths’ landmark federal climate lawsuit for September 13, at 10 am in Eugene, Oregon. The 21 youth plaintiffs are excited for the opportunity to appear in court again and have their arguments presented to Judge Aiken, who will be reviewing U.S. Magistrate Judge Coffin’s April ruling in their favor.

We will be working hard to prepare for September 13 and we will update you this summer with more hearing details. We encourage you to mark your calendars in the event you are able to join us in Eugene for what will be a truly momentous day!  Source: Exciting Update in Youth v. U.S. Climate Case

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#ClimateKids Win Again! 

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In a surprise ruling from the bench, King County Superior Court Judge Hollis Hill ordered the Washington Department of Ecology to promulgate an emissions reduction rule by the end of 2016 and, in consultation with the youth petitioners, to make recommendations to the state legislature on science-based greenhouse gas reductions during the 2017 legislative session.

Noting the extraordinary circumstances of the climate crisis, the judge said, “this is an urgent situation…these kids can’t wait,” and referenced catastrophic impacts of climate destabilization. Building on their earlier win in November where this court ruled that the youth have constitutional rights to their public trust resources and a safe climate, this decision takes another substantial step by setting specific dates in the near future for science-based action in the state of Washington.

From: us4.campaign-archive2.com

GR:  This second ruling in favor of the youths is great news.  However, the situation is indeed urgent. The state legislature needs to respond now rather than wait until next year to consider the issue.

Environmentalists sue for more rules to protect sage grouse

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BILLINGS, Mont. (AP) — “Environmental groups sued Thursday to force the Obama administration to impose more restrictions on oil and gas drilling, grazing and other activities blamed for the decline of greater sage grouse across the American West.

“A sweeping sage grouse conservation effort that the government announced last September is riddled with loopholes and will not be enough to protect the bird from extinction, according to the lawsuit filed in U.S. District Court in Idaho.

“It follows several legal challenges against the same rules from the opposite end of the political spectrum. Mining companies, ranchers and officials in Utah, Idaho and Nevada argue that the administration’s actions will impede economic development.

“The ground-dwelling sage grouse, known for their elaborate mating ritual, range across a 257,000-square-mile region spanning 11 states.  From: bigstory.ap.org

GR:  Once again, private funding is required to force a public agency to do its job.  Human land use has already damaged much of the sage grouse habitat.  This lawsuit is particularly important, because protecting the bird’s full range will protect the remnants of habitat needed by it and many other species.

One of the first human land uses that will have to end is cattle grazing.  More lawsuits paid by private citizens will likely be required, but destructive grazing has already diminished the carrying capacity of the land so much that the number of cattle has declined substantially.  Wildlife has declined even more.  The reduced cattle production will dampen the desires of the livestock industry and their public government officials to fight to retain the right to continue the destruction.  One day, sage grouse and other members of its ecosystem might be safe at home on the range.

West Coast US Cities Sue Monsanto over Toxic Chemicals

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Last week, Seattle, Washington became the latest addition to the list of cities filing lawsuits against multinational corporation Monsanto, joining San Diego, San Jose, Oakland and Berkeley in California, along with Spokane, Washington. These efforts, led by San Diego-based law firm Gomez Trial Attorneys, aim to extract tens of millions of dollars from the agrochemical company for knowingly promoting the severely hazardous line of polychlorinated biphenyls, more commonly known as PCBs.  www.globalresearch.ca

GR:  Hooray!!  It’s about time.  It always strikes me as a disgrace that our government regulators can’t do their jobs and we have to use other resources to resolve problems.  Monsanto and the other major chemical companies have no concern for the damage they do to all animals including humans.  Please share this news, and add updates to the comments.  Thank you.  Garry

March 9: Most Important Climate Lawsuit Ever | Our Children’s Trust’s Fundraiser

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“On March 9, the U.S. District Court will hear arguments on the most important climate case ever to be heard in a court of law against the government most responsible for climate change.

“We need your help to insure that all 21 youth plaintiffs, and Dr. James Hansen as official guardian for all future generations, are in court on that day, when the eyes of the court and of the nation will be upon these young people.

“The March 9 arguments will determine if the court will allow the youth’s claims that they have a fundamental constitutional right to be free from the dangers posed by greenhouse gas pollution, and that the government has a public trust obligation to protect the atmosphere and climate system for the benefit of future generations, to proceed to trial.

“It is critical that all 21 of the youth plaintiffs be present before the federal court on March 9 to . . . .”  www.crowdrise.com

GR:  Do governments have a public trust obligation to protect the atmosphere and climate system for the benefit of future generations?  The outcome of this suit will have global consequences. Please make a contribution to show your support.

Law Suits to Block Climate Change

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GR:  Lawsuits claiming governments must protect the environment including climate are gaining ground.  Perhaps they will add force to our concerns, petitions, and protests.  One case is pending at the U. S. Supreme Court. I know of a current case in Holland that will be heard by the district court in The Hague beginning today. Other international cases are listed here.

Here are some things you can do to support the litigation.

Kelsey Juliana and Olivia Chernaik have put the State of Oregon on trial for failing to take action to “protect the atmosphere required for our citizens’ survival.” Filed under the concept of Atmospheric Trust Litigation, Lane County Circuit Court Judge Karsten Rasmussen heard oral argument last week in Chernaik v. Brown after the Oregon Court of Appeals ruled the Circuit Court must decide whether the atmosphere is a public trust resource that the State of Oregon has a duty to protect. Photo credit: Todd Cooper

This federal case was filed by two students at the University of Oregon (Source:  Forbes).

Championed by Professor Mary Christina Wood in the Law School at the U of O, the concept of Atmospheric Trust Litigation reasons that a government elected by the people has a duty to protect the natural systems required for their survival.

“We are a Nation of Laws” has been heard over and over again since 2011, and for over 200 years, courts have affirmed that government is a trustee of the natural resources that we depend on, a doctrine known as public trust.

State appellate courts have allowed Atmospheric Trust Litigation lawsuits and administrative petitions brought by students to go forward in New Mexico, Texas, Alaska, Oregon, Colorado and Pennsylvania (Amicus briefs). Petitions on Atmospheric Trust Litigation are pending in the Philippines, the Ukraine, Uganda and the Netherlands.

What’s groundbreaking in Wood’s approach are three concepts:

  • – the public trust doctrine which holds that certain resources are owned by and available to all citizens equally
  • – the atmosphere is an asset in that trust because of its importance in the stability of every natural system
  • – the government as trustee has a restorative duty, which means not just preventing future damage, but repairing past harms.