Our Children’s Trust

‘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

‘This Is Huge’: Judge Sides With Montana Youths in Historic Climate Ruling

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Youth climate activists attend the Minnesota March for Science held in St. Paul in April 2017. Lorie Shaull / Flickr

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

“As fires rage in the West, fueled by fossil fuel pollution, today’s ruling in Montana is a game-changer that marks a turning point in this generation’s efforts to save the planet,” said one attorney representing 16 young plaintiffs.

Climate advocates on Monday expressed hope that an unprecedented ruling by a state judge in Montana, siding with 16 young residents who argued the state violated their constitutional rights by promoting fossil fuel extraction, will mark a sea change in the outcomes of climate lawsuits.

In Held v. State of Montana, District Court Judge Kathy Seeley ruled that rights of the plaintiffs—who range in age from 5 to 22— have been violated by the Montana Environmental Policy Act because the law has prevented the state from assessing the climate impacts of mining projects.

Fossil fuel emissions including Montana’s “have been proven to be a substantial factor” in heating the planet and causing pollution, Seeley said in the nation’s first ruling on a constitutional, youth-led lawsuit regarding the climate.

Because the Montana Constitution guarantees residents a “clean and healthful environment,” the state’s environmental policy law violates the document, said Seeley.

“This is HUGE,” said meteorologist Eric Holthaus.

“This is a landmark decision establishing enforceable principles of intergenerational justice.”

Julia Olson, founder of Our Children’s Trust, the non-profit law firm that helped represent the plaintiffs, called the victory a “sweeping win” that could have reverberating effects on the hundreds of lawsuits that have been filed in the U.S. arguing against the continued extraction of fossil fuels.

“As fires rage in the West, fueled by fossil fuel pollution, today’s ruling in Montana is a game-changer that marks a turning point in this generation’s efforts to save the planet from the devastating effects of human-caused climate chaos,” said Olson in a statement.

In their defense, state attorneys argued that Montana’s fossil fuel emissions are insignificant compared to global emissions, but Seeley said in her ruling that the state’s per capita emissions are “disproportionately large” and rank in the top six per capita emissions in the United States.

The state also ultimately rested its case on the argument that the state legislature should take up the issue of the environmental law rather than the judiciary—an admission, said Michael Gerrard of the Sabin Center for Climate Change Law at Columbia University, that the climate science underpinning the plaintiffs’ case was indisputable.

“Everyone expected them to put on a more vigorous defense,” Gerrard told The Washington Post Monday. “And they may have concluded that the underlying science of climate change was so strong that they didn’t want to contest it.”

During the trial, the plaintiffs testified about their own suffering due to pollution and extreme weather, while climate experts explained the connection between the state’s fossil fuel activities and planetary heating, the wildfires and scorching heat that have overwhelmed parts of the West, and other extreme weather.

“Judge Seeley’s decision comes at a time when we’re seeing the impacts of climate change accelerate—from low streamflows and lake levels to unprecedented heat waves, floods, and wildfires,” said Melissa Hornbein, senior attorney at the Western Environmental Law Center, which along with McGarvey Law also represented the plaintiffs. “These are the climate realities the youth plaintiffs and expert witnesses told us about on the stand, while the state disclaimed any responsibility and dismissed them.”

“We’re relieved that the court recognized that these youth plaintiffs are already feeling the impacts of the climate crisis, as well as the dangers threatening their future if the state doesn’t take meaningful action to address it,” Hornbein added. “We’re also delighted that Judge Seeley recognized Montana’s significant role as an emitter on the global stage, as well as its ability—constrained only by a resistant government—to rectify its disproportionate contribution to the climate crisis.”

The Sunrise Movement, the youth-led climate action organization, said the ruling is “proof that our generation is unstoppable—we have the power to bring down the fossil fuel industry and win a Green New Deal.”

As Common Dreams reported last month, lawsuits around the world have emerged as a key driver of climate action as a wide range of plaintiffs—from children in the U.S. to senior citizens in Switzerland—have argued that their human rights have been violated by the companies and lawmakers that have promoted fossil fuel production despite scientific evidence of the danger it poses.

Out of approximately 2,200 worldwide climate cases, about three-quarters have been filed in the United States, according to the United Nations Environment Program and the Sabin Center, and the number of legal challenges has more than doubled since 2017.

The outcome of the Montana case could “open up the floodgates for more climate lawsuits,” said Jamie Henn, director of Fossil Free Media.

Sen. Bernie Sanders (I-Vt.) said that the next plaintiff to file a case against the fossil fuel industry should be the federal government, to hold companies accountable “for their role in the climate crisis.”

“This is a landmark decision establishing enforceable principles of intergenerational justice,” said Roger Sullivan, an attorney at McGarvey Law. “Simply stated, the government elected by this generation must abide its obligation to pass on a stable climate system to future generations.”

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

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Continue Reading‘This Is Huge’: Judge Sides With Montana Youths in Historic Climate Ruling