As the Federal Government dithers and ignores the
overwhelming evidence and consensus that humans are altering the climate
through the use of fossil fuels, municipalities and states throughout the US
have taken to the courts, suing fossil fuel producers including Exxon, Shell,
and Chevron, seeking damages to pay for mitigation they will be or are being
burdened with as the impacts of climate change continue.
Coastal cities up and down the West Coast, from Seattle to
San Francisco as well as Boulder, CO, New York City and the State of Rhode
Island have filed lawsuits.
The basic arguments in all these filings is that the oil
companies knew for decades that their products were causing climate change, yet
they actively worked to obfuscate the issue by "orchestrat[ing] a campaign
of deception and denial regarding climate change" and thus externalize the
environmental costs of their products.
The problem is that several of these lawsuits have been
dismissed including those filed by San Francisco, Oakland, and New York, not
because the judges did not think the problem is real, but they reasoned that
climate change mitigation is a problem to be addressed by Congress and the
President, not the courts.
But there is one lawsuit, filed in 2015, that is still going
on, and is going to go to trial this fall, despite the best efforts of the
Trump Administration to quash it. The defendant is the Federal Government and
the plaintiffs are 21 young people, ranging from 11 to 22, who are suing the
Federal Government with the goal of forcing the government to address climate
change, because they will be irrevocably harmed if nothing is done. The
plaintiffs are represented by a non-profit called Our Children’s Trust.
I should note that the suit started under the Obama administration
and they too, fought the suit. In fact, the fossil fuel industry, in the guise
of the American Petroleum Institute (API) and National Association of
Manufacturers (NAM), volunteered to become defendants, in order to bring their
legal weight to bear against the plaintiffs.
On July 30th, the US Supreme Court rejected the
Administration’s last gasp request for a stay, and the trial will go forward.
The premise of the suit, Juliana v. US, is that the
US Government knew for decades that “burning fossil fuels would destabilize the
climate system” but continued to support the fossil fuel industry, ignoring
recommended policies and plans of its own agencies and experts to address the
issue. This assertion is not in doubt. Reports to the President going back as
far as 1965 warned about impending global warming caused by fossil fuel use.
As a result of the failure to take action, the US Government
has “. . . violated and continue to violate Plaintiffs’ fundamental
constitutional rights to freedom from deprivation of life, liberty, and
property; Plaintiffs’ constitutional rights to equal protection; Plaintiffs’
unenumerated inherent and inalienable natural rights; and Plaintiffs’ rights as
beneficiaries of the federal public trust.”
In broad strokes, the Plaintiffs allege that their 5th
Amendment rights to due process and equal protection; as well as 9th
Amendment rights under the public trust doctrine are being violated by willful
government inaction on a problem the US Government knew full well was
happening.
What do the Plaintiffs hope to have happen should they win?
“Order Defendants to prepare and implement an enforceable
national remedial plan to phase out fossil fuel emissions and draw down excess
atmospheric CO2 so as to stabilize the climate system and protect the vital
resources on which Plaintiffs now and in the future will depend.”
Wow.
Here is an interesting tidbit, a year ago, both the API and
NAM requested, and were granted, permission to withdraw from the suit. They did
not give reasons, but most observers think they did not want to be subject to
discovery, which would surely provide damning evidence about their long history
of purposely misleading the public regarding climate change. I also suspect
they knew that if the case went forward, they were going to lose. I suspect the
Trump Administration knows that as well.
“Facts are stubborn things; and whatever may be our
wishes, our inclinations, or the dictates of our passions, they cannot alter
the state of facts and evidence.” - John Adams, 2nd President of
the Unite States
Wise man, that Mr. Adams.
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