The Constitutional Climate Lawsuit against U.S. to Proceed
Eugene, OR – The federal court in Eugene, Oregon decided in favor of 21 youth plaintiffs in their “groundbreaking” constitutional climate lawsuit against President Obama, numerous federal agencies, and the fossil fuel industry. U.S. District Court Judge Ann Aiken completely rejected all arguments to dismiss raised by the federal government and fossil fuel industry, determining that the young plaintiffs’ constitutional and public trust claims could proceed. Now, the 21 plaintiffs, who range in age from 9-20, are preparing for trial in what is believed to be a turning point in United States constitutional history.
In determining the complaint to be valid, Judge Aiken’s ruling contained these passages:
“Federal courts too often have been cautious and overly deferential in the arena of environmental law, and the world has suffered for it.”
“Although the United States has made international commitments regarding climate change, granting the relief requested here would be fully consistent with those commitments. There is no contradiction between
promising other nations the United States will reduce C02 emissions and a judicial order directing the United States to go beyond its international commitments to more aggressively reduce C02 emissions.”
“[The defendants and intervenors] are correct that plaintiffs likely could not obtain the relief they seek through citizen suits brought under the Clean Air Act, the Clean Water Act, or other environmental laws. But that argument misses the point. This action is of a different order than the typical environmental case. It alleges that defendants’ actions and inactions – whether or not they violate any specific statutory duty – have so profoundly damaged our home planet that they threaten plaintiffs’ fundamental constitutional rights to life and liberty.”