Read

Search form

"We'll See You in Court": Kids Climate Lawsuit Moves Forward After Judge Denies Trump

"We'll See You in Court": Kids Climate Lawsuit Moves Forward After Judge Denies Trump
Mon, 3/12/2018 - by Lorraine Chow
This article originally appeared on EcoWatch

A federal court rejected the Trump administration's attempt to shut down a landmark lawsuit initiated by 21 young plaintiffs suing the government for its creation of climate danger.

The three-judge panel with the Ninth Circuit Court of Appeals in San Francisco denied the White House's writ of mandamus petition filed in June, a rarely used legal maneuver that would have dismissed Juliana v. United States.

In the unanimous decision Wednesday, Chief Judge Sidney R. Thomas called the petition a "drastic and extraordinary remedy reserved for really extraordinary causes" and the Trump administration's motion did not satisfy that standard.

"The issues that the defendants raise on mandamus are better addressed through the ordinary course of litigation," Thomas wrote, thus allowing the case to move forward.

"The Ninth Circuit just gave us the green light for trial," said Julia Olson, the chief legal counsel for Our Children's Trust, the organization spearheading the lawsuit. "We will ask the district court for a trial date in 2018 where we will put the federal government's dangerous energy system and climate policies on trial for infringing the constitutional rights of young people."

Juliana v. United States was filed in 2015 on behalf of 21 young people who argue that their constitutional and public trust rights are being violated by the government's failure to take significant action on global climate change.

The Center for Biological Diversity, one of many environmental organizations that filed an amicus brief in support of the suit, celebrated the news.

"This is a huge victory for young people fighting to protect their future from climate chaos," Kassie Siegel, the director of the Center for Biological Diversity's Climate Law Institute, said. "It should be the case that forces the government to reverse its stance on climate change and take the rapid, ambitious action we need."

The young plaintiffs are looking forward to seeing the case go to trial.

"I'm grateful that my fellow plaintiffs and I can have our voices heard, and that climate science can have its day in court," Victoria Barrett, an 18-year-old plaintiff from White Plains, New York, said. "The Trump administration tried to avoid trial, but they can't ignore us. Our future is our choice and I believe the courts will stand with our constitutional rights."

Kiran Oommen, a 21-year-old plaintiff from Seattle, Washington, added: "The question of the last few years has not been 'do we have a case' but rather 'how far will the federal government go to prevent justice.' We have seen that they are willing to go to many lengths to cover up their crimes and maintain the status quo, but not even the Trump administration can go far enough to escape the inevitable tide of social progress. The Ninth Circuit's decision affirms that we are on the side of justice, and for justice we are moving forward. We'll see you in court."

Originally published by EcoWatch

 

Sign Up

Article Tabs

Warsaw, City is Ours, municipalist movements, Right to the City, Fearless cities, Warsaw smog, Warsaw housing crisis, Warsaw housing rights movement

The Right to the City is a core ingredient in the radical municipalist movement now spreading across cities worldwide, driven in Warsaw by local issues like air pollution and unaffordable rents.

occupy, creative activism, activism, act out, puerto rico, colonialism, imperialism, capitalism, hurricane season, aid work, earth defense coalition, strikes, UC system, worker strikes, union leadership, unemployment rates, employment statistics, economic

This week on Act Out! UC workers strike but find a foe where the friendlies should be – an unfortunately familiar story.

With March on Harrisburg, the "Blue Wave" Gathers Force in Pennsylvania

We aren’t meant to believe that what we do, or what we march for, or who we elect, on the local level, has any real larger-scale consequences. March on Harrisburg is attempting to change that.

public banks, public banking movement, Bank of North Dakota, Santa Fe public bank, Los Angeles public bank, divestment movement

After Santa Fe ceded ground as the first metropolis ready to lead us into an era of public banking, the City of Los Angeles has jumped to the forefront of the banking revolution.

struggling single mothers, working mothers, childcare costs, universal childcare, women in poverty

More than a quarter of single mothers living without partners or parents are now in poverty, and almost twice as many women as men are likely to live in poverty at some point.

Stacey Abrams holds a news conference in Atlanta to announce she has qualified to run for governor. (Bob Andres / Atlanta Journal-Constitution via AP)

A brighter political future depends upon turning out large numbers of voters of color.

Wall Street hedge funds, corporate bankruptcies, Toys 'R' Us bankruptcy, retailers

When the last Toys ‘R’ Us store closes its doors once and for all, the company's top executives will have pocketed $8.2 million in retention bonuses while liquidating the company and laying off tens of thousands.

Warsaw, City is Ours, municipalist movements, Right to the City, Fearless cities, Warsaw smog, Warsaw housing crisis, Warsaw housing rights movement

The Right to the City is a core ingredient in the radical municipalist movement now spreading across cities worldwide, driven in Warsaw by local issues like air pollution and unaffordable rents.

North Carolina teacher strikes, national teacher strikes, teacher pay, teacher walkouts, right to work laws, union busting, teachers union

Teachers from 20 school districts across the state held a strike that affected around 700,000 students, as teachers demanded an increase in per-pupil funding to the national average and raises in teacher pay.

The fast food industry has one of the widest pay disparities between CEO and worker. Photograph: Lucy Nicholson/Reuters

The first comprehensive study of CEO-to-worker pay reveals an extraordinary disparity – with the highest gap approaching 5,000 to 1.

Warsaw, City is Ours, municipalist movements, Right to the City, Fearless cities, Warsaw smog, Warsaw housing crisis, Warsaw housing rights movement

The Right to the City is a core ingredient in the radical municipalist movement now spreading across cities worldwide, driven in Warsaw by local issues like air pollution and unaffordable rents.

Posted 3 days 16 hours ago
public banks, public banking movement, Bank of North Dakota, Santa Fe public bank, Los Angeles public bank, divestment movement

After Santa Fe ceded ground as the first metropolis ready to lead us into an era of public banking, the City of Los Angeles has jumped to the forefront of the banking revolution.

Posted 6 days 17 hours ago
occupy, creative activism, activism, act out, puerto rico, colonialism, imperialism, capitalism, hurricane season, aid work, earth defense coalition, strikes, UC system, worker strikes, union leadership, unemployment rates, employment statistics, economic

This week on Act Out! UC workers strike but find a foe where the friendlies should be – an unfortunately familiar story.

Posted 4 days 18 hours ago
Robert Reich, antitrust laws, monopolies, preventing monopolization, corporate mergers, wealth redistribution, consumer choice

America used to have antitrust laws that stopped corporations from monopolizing markets, and often broke up the biggest culprits. No longer. Now money and power is being entirely redistributed to the top.

Posted 6 days 19 hours ago
black identity extremists, FBI monitoring, FBI surveillance, surveillance programs, racial profiling, police brutality, Black Lives Matter, Brennan Center for Justice

Rakem Balogun spoke out against police brutality. Now he is believed to be the first person prosecuted under a secretive U.S. effort to track so-called ‘black identity extremists’.

Posted 6 days 19 hours ago
Warsaw, City is Ours, municipalist movements, Right to the City, Fearless cities, Warsaw smog, Warsaw housing crisis, Warsaw housing rights movement

The Right to the City is a core ingredient in the radical municipalist movement now spreading across cities worldwide, driven in Warsaw by local issues like air pollution and unaffordable rents.

occupy, creative activism, activism, act out, puerto rico, colonialism, imperialism, capitalism, hurricane season, aid work, earth defense coalition, strikes, UC system, worker strikes, union leadership, unemployment rates, employment statistics, economic

This week on Act Out! UC workers strike but find a foe where the friendlies should be – an unfortunately familiar story.

Robert Reich, antitrust laws, monopolies, preventing monopolization, corporate mergers, wealth redistribution, consumer choice

America used to have antitrust laws that stopped corporations from monopolizing markets, and often broke up the biggest culprits. No longer. Now money and power is being entirely redistributed to the top.

Members of the American Federation of Teachers hold up signs depicting Education Secretary Betsy DeVos and David Koch, while protesting in support of unions outside of the supreme court on 26 February. Photograph: Jacquelyn Martin/AP

Rightwing activists are launching a nationwide drive to persuade public-sector trade union members to tear up their membership cards and stop paying dues, posing a direct threat to the progressive movement in America.

With March on Harrisburg, the "Blue Wave" Gathers Force in Pennsylvania

We aren’t meant to believe that what we do, or what we march for, or who we elect, on the local level, has any real larger-scale consequences. March on Harrisburg is attempting to change that.