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‘Earth Needs Our Help’: California Kids Sue EPA Over Climate Pollution

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Original article by JESSICA CORBETT at Common Dreams shared under Creative Commons (CC BY-NC-ND 3.0). 

Children in California are suing the U.S. Environmental Protection Agency.  (Photo: Our Children’s Trust)

“We’re challenging the EPA’s failure to protect us. The air we breathe has become a casualty of their opposition.”

As the United Nations climate talks cast a spotlight on the fossil fuel-driven climate emergency, the U.S. law firm Our Children’s Trust on Sunday launched a constitutional lawsuit against the Biden administration on behalf of 18 California children “growing up with polluted air and a government-imposed and -sanctioned climate crisis.”

Filed in the U.S. District Court in the Central District of California, the complaint takes aim at the federal government, the Environmental Protection Agency, and its administrator, Michael Regan, arguing that the “EPA’s conduct in controlling the pollution that enters the nation’s air actively discriminates against children, and these plaintiffs, knowingly causing them disproportionate harm compared to similarly situated adults and burdening them with a lifetime of hardship.”

Avroh, a 14-year-old plaintiff, said in a statement Monday that “we are experiencing what no one should have to experience. We’re facing constitutional negligence. We’re challenging the EPA’s failure to protect us. The air we breathe has become a casualty of their opposition.”

Another plaintiff, 8-year-old Neela, said that “I believe kids can make a difference and the Earth needs our help. I want to help protect the people and places I love. I’m excited to be a part of this case and be a voice for all kids who deserve a healthy environment.”

“We feel a constant worry about the future, and all around us no one is moving fast enough.”

Catherine Smith, of counsel to Our Children’s Trust—which secured a landmark victory while representing Montana youth in state court earlier this year—argued that “in times like this, when the legislative and executive branches have breached their obligation to young people by intentionally allowing climate pollution and explicitly discounting children’s lives in some political or economic calculus fully aware of its consequences to youth, courts must serve as a constitutional backstop to end it.”

The plaintiffs—who are ages 8-17—are seeking “a declaratory judgment that as children they are entitled to a heightened level of
judicial review over government conduct that burdens them with lifetimes of hardship, that they are members of a constitutionally protected class, and that defendants have violated their constitutional rights,” according to the complaint.

“They also seek declaratory relief that defendants have infringed their fundamental rights to life, including their personal security and happiness, and in so doing have also acted outside the scope of their delegated authority,” the filing adds. “Plaintiffs seek further relief as deemed necessary and proper to enforce a declaratory judgment after the facts are found and the legal conclusions of the district court are rendered on a full evidentiary record.”

Noah, a 15-year-old plaintiff, warned that “time is slipping away, and the impact of the climate crisis is already hitting us directly. We are running from wildfires, being displaced by floods, panicking in hot classrooms during another heatwave.”

“We feel a constant worry about the future, and all around us no one is moving fast enough,” Noah noted. “The Constitution guarantees every American the rights to life, liberty, and the pursuit of happiness including and especially children.”

Our Children’s Trust chief legal counsel Julia Olson declared that “these children are rising up from fire, smoke, heat, and flood to share their stories of physical harm and despair, along with their clarion call to adults—’our equal rights to life matter as much as yours.'”

“There is one federal agency explicitly tasked with keeping the air clean and controlling pollution to protect the health of every child and the welfare of a nation—the EPA,” she continued. “The agency has done the opposite when it comes to climate pollution and it’s time the EPA is held accountable by our courts for violating the U.S. Constitution and misappropriating its congressionally delegated authority.”

In addition to representing youth plaintiffs in Held v. State of Montana—which the state is now appealing—Our Children’s Trust is the group behind Juliana v. United States, the constitutional climate lawsuit first filed on behalf of 21 young people in 2015. While a June ruling put Juliana on track to proceed to trial, the Biden administration continues its battle to quash the case.

E&E News reported Monday that “while Juliana targets a swath of government agencies,” the new case, Genesis B. v. EPA, singles out one agency. Our Children’s Trust senior staff attorney Andrea Rodgers explained that the firm hopes the focus will mean that the EPA “won’t fight this case” in the way that the Obama, Trump, and Biden administrations have targeted Juliana.

Original article by JESSICA CORBETT at Common Dreams shared under Creative Commons (CC BY-NC-ND 3.0). 

Continue Reading‘Earth Needs Our Help’: California Kids Sue EPA Over Climate Pollution

‘Gross Denial of Reality’: Biden Infuriates With Approval of More Offshore Drilling

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Original article by JULIA CONLEY republished from Common Dreams under Creative Commons (CC BY-NC-ND 3.0). 

While the aftermath of hurricanes continue to affect residents, such as those in Houston, Texas devastated by Hurricane Harvey (see image), research has found that the frequency and intensity of these latest storms have done little to shift public opinion about their connection with global warming. (Photo: Texas Military Department, Flickr CC BY-ND 2.0)
While the aftermath of hurricanes continue to affect residents, such as those in Houston, Texas devastated by Hurricane Harvey (above), research has found that the frequency and intensity of these latest storms have done little to shift public opinion about their connection with global warming. (Photo: Texas Military Department, Flickr CC BY-ND 2.0)

“End Fossil Fuels is pretty clear,” said one advocate. “Not ‘hold slightly fewer lease sales,’ not ‘talk about climate action’—End. Fossil. Fuels.”

Rejecting the corporate media’s narrative that U.S. President Joe Biden’s newly-released offshore drilling plan includes the “fewest-ever” drilling leases, dozens of climate action and marine conservation groups on Friday said the president had “missed an easy opportunity to do the right thing” and follow through on his campaign promise to end all lease sales for oil and gas extraction in the nation’s waters.

The U.S. Interior Department announced Friday its five-year plan for the National Outer Continental Shelf Oil and Gas Leasing Program, including three new areas in the Gulf of Mexico where fossil fuel companies will be permitted to drill.Biden promised “no new drilling, period” as a presidential candidate, and the plan was announced six months after climate advocates were incensed by the administration’s approval of the Willow oil drilling project in Alaska.The new leases will be added to more than 9,000 drilling leases that have already been sold, and is “incompatible with reaching President Biden’s goal of cutting emissions by 50-52% by 2030,” said the Protect All Our Coasts Coalition, citing the findings of Biden’s own Environmental Protection Agency (EPA) and its Office of Atmospheric Protection earlier this year.

While the final plan scales back from the eleven sales that were originally proposed, said the coalition, “the plan is a step backwards from the climate goals the administration has set and for environmental justice communities across the Gulf South, who are already experiencing the disproportionate impact of fossil fuel extraction across the region.”

The coalition includes the Port Arthur Community Action Network, which has called attention to the risks posed to public health in the Gulf region by continued fossil fuel extraction.

“Folks in Port Arthur, Texas die daily from cancer, respiratory, heart, and kidney disease from the very pollution that would come from more leases and drilling,” said John Beard, the founder, president, and executive director of the group. “If Biden is to truly be the environmental president, he should stop any further leasing and all forms of the petrochemical build-out, call for a climate emergency, and jumpstart the transition to clean green, renewable energy, and lift the toxic pollution from overburdened communities.”

Kendall Dix, national policy director of Taproot Earth, dismissed political think tanks that applauded the “historically few lease sales” on Friday.

“The earth does not recognize political ‘victories,'” said Dix, pointing to an intrusion of saltwater in South Louisiana’s drinking water in recent weeks, which has been exacerbated by the fossil fuel-driven climate crisis.

“As the head of the United Nations and has said, continued fossils fuel development is incompatible with human survival,” he added. “We need to transition to justly sourced renewable energy that’s democratically managed and accountable to frontline communities as quickly as possible.”

Along with groups in the Gulf region, national organizations on Friday condemned a plan that they said blatantly ignores the repeated warnings of international energy experts and the world’s top climate scientists who say no new fossil fuel expansion is compatible with a pathway to limiting planetary heating to 1.5°C.

“Sacrificing millions of acres in the Gulf of Mexico for oil and gas extraction when scientists are clear that we must end fossil fuel expansion immediately is a gross denial of reality by Joe Biden in the face of climate catastrophe,” said Collin Rees, United States program manager at Oil Change International. “Doubling down on drilling is a direct violation of President Biden’s prior commitments and continues a concerning trend.”

Rees noted that 75,000 people marched in New York City last week to demand that Biden declare a climate emergency and end support for any new fossil fuel extraction projects.

“End Fossil Fuels is pretty clear,” said Rees, referring to campaigners’ rallying cry. “Not ‘hold slightly fewer lease sales,’ not ‘talk about climate action’—End. Fossil. Fuels.”

Despite Biden’s campaign promises, Rees noted, the U.S. is currently “on track to expand fossil fuel production more than any other country by 2050.”

“I feel disgusted and incredibly let down by Biden’s offshore drilling plan. It piles more harm on already-struggling ecosystems, endangered species and the global climate,” said Brady Bradshaw, senior oceans campaigner at the Center for Biological Diversity, another member of the Protect All Our Coasts Coalition. “We need Biden to commit to a fossil fuel phaseout, but actions like this condemn us to oil spills, climate disasters, and decades of toxic harm to communities and wildlife.”

The lease sales, said Sarah Winter Whelan of the Healthy Ocean Coalition, also represent a missed opportunity by the administration to treat the world’s oceans “as a climate solution, not a source for further climate disaster.”

Under the Inflation Reduction Act, negotiated by the White House last year, the government is required to offer at least 60 million acres of offshore gas and oil leases before developing new wind power projects of similar scope.

“A single new lease sale for offshore oil and gas exploration is one too many,” said Whelan. “Communities around the country are already dealing with exacerbating impacts from climate disruption caused by our reliance on fossil fuels. Any increase in our dependence on fossil fuels just bakes in greater impacts to humanity.”

Gulf communities, added Beard, “refuse to be sacrificed” for fossil fuel profits.

“We say enough is enough,” he said.

Original article by JULIA CONLEY republished from Common Dreams under Creative Commons (CC BY-NC-ND 3.0). 

Continue Reading‘Gross Denial of Reality’: Biden Infuriates With Approval of More Offshore Drilling