by Tony Wikrent
Economics Action Group, North Carolina Democratic Party Progressive Caucus
Strategic Political Economy
These journalists exposed the corruption that led to Puerto Rico’s mass protests[CNN, via Naked Capitalism 7-24-19]
The World’s Biggest Lawsuit, Juliana v. United States, will force US government to stop climate change
Lambert Strether, July 25, 2019 [Naked Capitalism]
Juliana v. United States is a big and complicated case that has now advanced through two administrations. The original complaint was filed in September 2015; Judge Ann Aiken of Oregon district court rejected the government’s motion to dismiss the case in November 2016.... The American Bar Association, in “Can Our Children Trust Us with Their Future?,” describes the scale of the case and the stakes:
The 2016 ruling in Kelsey Cascadia Rose Juliana v. USA is one of the greatest recent events in our system of law. (See Opinion and Order, Case No. 6:15-cv-01517-TC, US District Court for Oregon, Eugene Division. Anne Aiken, Judge, filed 11/10/16.) A group of children between the ages of eight and nineteen filed suit against the federal government, asking the court to order the government to act on climate change, asserting harm from carbon emissions. The federal government’s motion to dismiss was denied. Although I am not involved in the case, I am a lifelong environmentalist, and I teach environmental law (to non-law students). This case is a shining example of what law can be. This case gives me hope that we will not continue to cooperate in our own destruction, and future generations will be able to rely on us to uphold the spirit of the law and purpose behind government....
So Juliana v. United States is a lawsuit that’s being sponsored and facilitated by Our Children’s Trust, which is a nonprofit organization in Eugene, Oregon, that’s been working on atmospheric climate litigation to try to deal with the climate crisis for a while. So our lawsuit was filed in August of 2015, with 21 plaintiffs from all over the country that each have their own complaint, as part of a large declaration that gives a standing to sue the U.S. Federal Government. And basically, we’re asserting that the U.S. Federal Government has known since 1960 that climate change could be potentially disastrous. We have proof from administrations going back all the way to the Johnson administration, saying that they knew climate change could be an issue and they knew that fossil fuel infrastructure was causing it. And the U.S Federal Government still chose to take direct action to continue to perpetuate the fossil fuel industry and the U.S. fossil fuel economy that we have.
And we’re asserting that by taking that direct action, they’ve disproportionately put the rights of young people at risk, and the rights of life liberty and property as promised to us in the Constitution....
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From The New Yorker, in “The Right to a Stable Climate Is the Constitutional Question of the Twenty-first Century“:
Judge Aiken had found that the plaintiffs had standing to sue because they had demonstrated three things: that they had suffered particular, concrete injuries; that the cause of their injuries was “fairly traceable” to the government’s actions; and that the courts had the ability, at least partially, to remedy these injuries. On the first two parts of standing, the government’s case is weakening by the minute, owing especially to the growing body of attribution science—studies published in peer-reviewed journals that directly link extreme weather events, such as huge hurricanes and raging wildfires, to climate change. “Evidence to meet the standing burden has gotten much stronger,” Ann Carlson, an environmental-law professor at U.C.L.A., told me....
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Here is a lawyerly disquistion on the public trust doctrine from the American Bar Association, “Climate Change Litigation: A Way Forward“, with citations and everything....
CBS reporter Steve Croft, in “The climate change lawsuit that could stop the U.S. government from supporting fossil fuels,” interviews Julia Olson, an Oregon lawyer, and the executive director of the NGO, Our Children’s Trust, which initiated Juliana:
“[Olson] began constructing the case eight years ago out of this spartan space now dominated by this paper diorama that winds its way through the office.”
OLSON : So this is a timeline that we put together… [D]uring President Johnson’s administration, they issued a report in 1965 that talked about climate change being a catastrophic threat. Every president knew that burning fossil fuels was causing climate change.
Fifty years of evidence has been amassed by Olson and her team, 36,000 pages in all, to be used in court.
OLSON: Our government, at the highest levels, knew and was briefed on it regularly by the national security community, by the scientific community. They have known for a very long time that it was a big threat.
KROFT: Has the government disputed that government officials have known about this for more than 50 years and been told and warned about it for 50 years?
OLSON: No. They admit that the government has known for over 50 years that burning fossil fuels would cause climate change. And they don’t dispute that we are in a danger zone on climate change. And they don’t dispute that climate change is a national security threat and a threat to our economy and a threat to people’s lives and safety. They do not dispute any of those facts of the case.Steve Kroft: So you’ve got them with their own words.
OLSON: We have them with their own words. It’s really the clearest, most compelling evidence I’ve ever had in any case I’ve litigated in over 20 years.
30,000 pages. It looks like there’s a reason Juliana has survived as long as it has.