Supreme Court keeps Ore. ‘climate kids’ suit on track for trial

PORTLAND, Ore. (AP) – The U.S. Supreme Court has rejected another Trump administration request to halt proceedings in a lawsuit filed by young activists who say the government isn’t doing enough to prevent climate change.

The high court said Monday that the government’s request for relief is premature. The ruling came 10 days after the 9th U.S. Circuit Court of Appeals rejected the government’s second request for an order directing a lower court to dismiss a case that’s headed for trial Oct. 29 in Eugene, Oregon.

The lawsuit brought by 21 children and young adults asserts the government has long known that carbon pollution causes climate change but has failed to curb greenhouse gas emissions. They seek various environmental remedies.

The Supreme Court described the breadth of the lawsuit’s claims as “striking.” It said the question whether a court can provide an adequate resolution “presents substantial grounds for difference of opinion.”

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News release from Our Children’s Trust:

U.S. Supreme Court Rules in Favor of Youth Plaintiffs,

Allows Juliana v. United States to Proceed to Trial

Washington, D.C. — Today, the U.S. Supreme Court unanimously ruled in favor of the 21 youth plaintiffs in Juliana v. United States, the constitutional climate lawsuit filed against the federal government. The Court denied the Trump administration’s application for stay, preserving the U.S. District Court’s trial start date of October 29, 2018. The Court also denied the government’s “premature” request to review the case before the district court hears all of the facts that support the youth’s claims at trial. The Supreme Court’s decision follows the July 20 decision from the U.S. Court of Appeals for the Ninth Circuit, also in favor of the youth, denying the government’s highly unusual second petition for writ of mandamus.

The Court stated: “The breadth of [the youth’s] claims is striking” and ordered the District Court to take the federal government’s “concerns into account in assessing the burdens of discovery and trial, as well as the desirability of a prompt ruling on the Government’s pending dispositive motions.” On July 18, 2018, the District Court expressed its intent to issue a ruling on the government’s motions promptly.

Julia Olson, executive director and chief legal counsel of Our Children’s Trust and co-counsel for youth plaintiffs said:

“This decision should give young people courage and hope that their third branch of government, all the way up to the Supreme Court, has given them the green light to go to trial in this critical case about their unalienable rights. We look forward to presenting the scientific evidence of the harms and dangers these children face as a result of the actions their government has taken to cause the climate crisis.”

Kiran O., 21-year-old plaintiff from Seattle, WA, said:

“As a young person working in the gardening business, climate change is all around me and looming all the more ominously in my future. The government’s actions are a case of constitutional infringement, and it is the court’s job to hear such cases–the defendants’ argument that this is not within the court’s jurisdiction would only make sense if they were defending citizens’ rights, not violating them. Juliana vs. U.S. is calling for checks and balances, not disturbing the separation of powers. We have been stalled with nonsense long enough!”

Victoria B., 19-year-old plaintiff from White Plains, NY, said:

“The constitutional rights of my fellow plaintiffs and I are at stake in this case, and I am glad that the Supreme Court of the United States agrees that those rights should be evaluated at trial. This lawsuit becomes more urgent every day as climate change increasingly harms us. I have reaffirmed confidence now that all levels of the federal judiciary have ruled in our favor that there should be no more delay in getting to our trial.”

Jacob L., 21-year-old plaintiff from Roseburg, OR, said:

“I am so grateful that the Supreme Court has recognized the importance of this trial and allowed our case to proceed. The scientific evidence linking the U.S. government’s actions and policies to climate change impacts like wildfire and droughts that harm us youth must be presented before our country’s justice system in its entirety to ensure that our rights may be protected.”

Philip Gregory, of Gregory Law Group and co-counsel for the Youth Plaintiffs, commented:

“We are thankful that the Supreme Court recognized the importance of moving this case forward. We are on the last stages of discovery and preparing for trial. We believe that the district court will promptly address narrowing the claims so that the trial can go forward on October 29, 2018 in Eugene.”

Juliana v. United States is not about the government’s failure to act on climate. Instead, these 21 young plaintiffs between the ages of 11 and 22, assert that the U.S. government, through its affirmative actions in creating a national energy system that causes climate change, is depriving them of their constitutional rights to life, liberty, and property, and has failed to protect essential public trust resources. The case is one of many related legal actions brought by youth in several states and countries, all supported by Our Children’s Trust, and all seeking science-based action by governments to stabilize the climate system.

Counsel for Plaintiffs are Julia Olson, Esq. of Eugene, OR, Philip L. Gregory, Esq. of Gregory Law Group of Redwood City, CA, and Andrea Rodgers, Esq. of Seattle, WA.

Our Children’s Trust is a nonprofit organization, leading a coordinated global human rights and environmental justice campaign to implement enforceable science-based Climate Recovery Plans that will return atmospheric carbon dioxide concentrations to below 350 ppm by the year 2100. We elevate the voice of youth, those with most to lose in the climate crisis, to secure the legal right to a healthy atmosphere and stable climate on behalf of all present and future generations. www.ourchildrenstrust.org/

Earth Guardians is a Colorado-based nonprofit organization with youth chapters on five continents, and multiple groups in the United States with thousands of members working together to protect the Earth, the water, the air, and the atmosphere, creating healthy sustainable communities globally. We inspire and empower young leaders, families, schools, organizations, cities, and government officials to make positive change locally, nationally, and globally to address the critical state of the Earth. www.earthguardians.org