October, 16 2018, 12:00am EDT
District Court Makes Sweeping Ruling in Juliana v. United States
President dismissed from lawsuit, but plaintiffs’ core constitutional and public trust claims move forward to trial on October 29
EUGENE, Oregon
On Monday, U.S. District Court Judge Ann Aiken ruled on the Trump administration's motion for judgment on the pleadings ("MJP") and motion for summary judgment ("MSJ") in the landmark constitutional climate lawsuit Juliana v. United States, filed by 21 young Americans and supported by Our Children's Trust. Judge Aiken's decision, in large part, denied the motions brought by the Trump administration, but granted the motions in part by limiting the scope of the plaintiffs' claims and dismissing the President from the case. As a result, the case will proceed to trial in exactly two weeks on October 29, 2018.
In her 62 page decision, Judge Aiken held as follows:
President Trump is dismissed as a defendant in the case without prejudice. During a July 18 hearing before Judge Aiken, the youth plaintiffs offered to stipulate to dismiss the President without prejudice to later bringing claims against him if necessary to vindicate their rights. At that hearing, the Department of Justice told the Court that they had been instructed by the White House that President Trump could only be dismissed with prejudice, meaning that the youth plaintiffs would be barred from ever bringing claims against him in the future. Judge Aiken's decision adopted the position of the youth plaintiffs, dismissing President Trump without prejudice. Because all of the federal agency defendants remain in the case, the Court found a full remedy could still be awarded without the President as a named defendant.
Plaintiffs have viable legal claims under the Fifth Amendment and Public Trust Doctrine. Judge Aiken reiterated her order of November 10, 2016: "where a complaint alleges knowing governmental action is affirmatively and substantially damaging the climate system in a way that will cause human deaths, shorten human lifespans, result in widespread damage to property, threaten human food sources, and dramatically alter the planet's ecosystem, it states a claim for a due process violation. To hold otherwise would be to say that the Constitution affords no protection against a government's knowing decision to poison the air its citizens breathe or the water its citizens drink."
"It is clearly within a district court's authority to declare a violation of plaintiffs' constitutional rights."
Plaintiffs have "proffered uncontradicted evidence showing that the government has historically known about the dangers of greenhouse gases but has continued to take steps promoting a fossil fuel based energy system, thus increasing greenhouse gas emissions." The Court also cited "the pattern of federally authorized emissions challenged by plaintiffs in this case do make up a significant portion of global emissions." The youth plaintiffs' detailed evidence on government knowledge will be presented at trial.
Plaintiffs' evidence makes clear that their alleged injuries can be redressed through actions by federal defendants. Judge Aiken highlighted plaintiff expert declarations provided by Drs. James Hansen, G. Philip Robertson, Mark Jacobson, James Williams and Joseph Stiglitz making clear that a rapid shift away from fossil fuels is technologically and economically feasible with resources existing today.
Interlocutory review is not certified. Noting that Congress did not intend district courts to certify interlocutory appeals "merely to provide review of difficult rulings in hard cases," Judge Aiken denied defendants' requests to certify for interlocutory appeal made in both the MJP and MSJ. Certifying "a narrow piecemeal appeal on some of these legal issues" would do nothing more than "reshuffle the procedural deck" and fly in the face of the Supreme Court's stated "deeply-held distaste for piecemeal litigation in every instance of temptation."
Plaintiffs' Ninth Amendment claims are dismissed. The Court ruled that youth plaintiffs' stand-alone claim under the Ninth Amendment was not viable as a matter of law and that defendants were entitled to summary judgment on plaintiffs' Ninth Amendment claim.
Children are not a suspect class; nevertheless, strict scrutiny applies to youth plaintiffs' equal protection claim. The Court held that youth plaintiffs are not a "suspect class" under the law. However, because youth plaintiffs' equal protection claim involves a fundamental right, Judge Aiken stated that it "must be evaluated through the lens of strict scrutiny, which would be aided by further development of the factual record." This is the most stringent level of judicial review a court can apply.
Trial in this case will begin as scheduled on October 29, 2018 in Eugene, Oregon.
On Friday, the Trump administration filed a third writ of mandamus petition with the Ninth Circuit Court of Appeals seeking an unprecedented and extraordinarily rare request that the Ninth Circuit issue a writ of mandamus to stay district court proceedings pending the resolution of the Trump administration's forthcoming petition to the United States Supreme Court. The Department of Justice had planned to file a second writ of mandamus petition with the Supreme Court on Wednesday, October 17, but the petition with the Ninth Circuit and the planned petition with the Supreme Court were based on the fact that Judge Aiken had not yet decided the MJP and MSJ pending before her. It is unclear whether the defendants will still move forward with a petition to the Supreme Court this week.
Julia Olson, executive director and chief legal counsel of Our Children's Trust and co-counsel for youth plaintiffs said:
"The District Court continues to provide well-reasoned decisions that narrow and appropriately frame the heart of this case for trial. Today the parties are filing with the court their witness lists and their pretrial memoranda. We are finalizing exhibits for trial and our experts and plaintiffs have booked their tickets to Oregon. We are ready to bring all of the facts forward and prove these youths' case once and for all."
Alex Loznak, 21-year-old plaintiff from Roseburg, Oregon said:
"Judge Aiken's blockbuster decision lays out in extremely precise detail the factual and legal issues in our case which remain to be resolved at trial. These extensive issues include injury in fact and causation. Judge Aiken rightly rejected the government's motion for Summary Judgment because the factual record in this case still requires extensive development at trial before she or any higher court can reach a final decision. Having contributed extensive personal testimony and research to help develop our case's factual record over the past several years, I am confident that our arguments on the remaining disputed issues will ultimately prevail in court. We still need a full and fair trial to prove our case. October 29, here we come!"
Tia Hatton, 21-year-old plaintiff from Bend, Oregon said:
"With Judge Ann Aiken's most recent decision, my fellow plaintiffs and I have our eyes set on one thing: our trial date. Although President Trump is no longer a defendant, we are confident we can get proper relief with the named agencies that remain as defendants. The key components of our case remain, and have withstood the plethora of attempts to dismiss, appeal, and stay our case over the past three years. We - my lawyers, our experts, and my co-plaintiffs and I - are ready to make our case against the U.S. federal government and their deliberate energy policy that cause catastrophic climate change."
Nathan Baring, 18-year-old plaintiff from Fairbanks, Alaska said:
"This ruling from Judge Aiken is an affirmation of the necessity that we stay on track with the timeline that we are working with. She realizes the urgency of the pressing timeline and we are excited to finally get into the courtroom for trial on October 29."
Philip Gregory, of Gregory Law Group and co-counsel for the Youth Plaintiffs, commented:
"In her reasoned order, Judge Aiken dismissed both the President without prejudice and our claim under the Ninth Amendment. The Court also dismissed one part of our equal protection claim ruling that young people and future generations are not a suspect class. In all other respects, Judge Aiken denied the motions brought by the federal government. The case is now fully positioned to commence trial on October 29 and our Youth Plaintiffs look forward to presenting the science to the Court."
Juliana v. United States is not about the government's failure to act on climate. Instead, these 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 advocating for urgent emissions reductions on behalf of youth and future generations, who have the most to lose if emissions are not reduced. OCT is spearheading the international human rights and environmental TRUST Campaign to compel governments to safeguard the atmosphere as a "public trust" resource. We use law, film, and media to elevate their compelling voices. Our ultimate goal is for governments to adopt and implement enforceable science-based Climate Recovery Plans with annual emissions reductions to return to an atmospheric carbon dioxide concentration of 350 ppm.
LATEST NEWS
Critics Warn Manchin-Barrasso Permitting Bill 'Is Taken Straight From Project 2025'
"You thought Project 2025 was just a threat after the election? It's actually happening *right now,*" said one climate campaigner.
Jul 26, 2024
Climate and environmental defenders on this week implored U.S. senators to block a permitting reform bill introduced this week by Sens. Joe Manchin and John Barrasso that one campaigner linked to Project 2025, a conservative coalition's agenda for a far-right overhaul of the federal government.
Common Dreamsreported Monday that Manchin (I-W.Va.) and Barrasso (R-Wyo.)—respectively the chair and ranking member of the Senate Energy and Natural Resources Committee—introduced the Energy Permitting Reform Act of 2024.
The Natural Resources Defense Council (NRDC) noted that although the proposal "includes several positive reforms for the accelerated development of transmission projects," it also advocates "limiting opportunities for communities to challenge projects, loosening oversight for drilling and mining projects, extending drilling permits and fast-tracking [liquified natural gas] permits, and several other provisions friendly to fossil fuel giants."
"This dangerous bill doesn't deserve a floor vote."
These are nearly identical policies to what's proposed in Project 2025's Mandate for Leadership. The plan, which was spearheaded by the Heritage Foundation, calls for "unleashing all of America's energy resources," including by ending federal restrictions on fossil fuel drilling on public lands; limiting investments in renewable energy; and rolling back environmental permitting restrictions for new oil, gas, and coal projects, including power plants.
While Manchin has been trying—and failing—to pass fossil fuel-friendly permitting reform legislation for years, Brett Hartl, director of public affairs at the Center for Biological Diversity, said that his "Frankenstein legislation is taken straight from Project 2025, and it's the biggest giveaway in decades to the fossil fuel industry."
Hartl said the bill "deprives communities of the power to defend themselves and gives that power to Big Oil by making it harder for communities to challenge polluting projects in court," and "prioritizes the profits of coal barons over public health."
"And it mandates oil and gas extraction in our oceans," he continued. "The insignificant crumbs thrown at renewable energy do nothing to address the climate emergency."
"Monday was the hottest day in recorded history," Hartl noted. "It's shocking that as the climate emergency continues to break records around us, the Senate continues to fast-track the fossil fuel expansion that is killing us. This dangerous bill doesn't deserve a floor vote."
Hartl added that "to preserve a livable planet," Senate Majority Leader Chuck Schumer (D-N.Y.) "must squash this legislation now."
Manchin—who has said this will be his last term in office—has been a steadfast supporter of the fossil fuel industry, partly because his family owns a coal company. The senator says his permitting reform bill "will advance American energy once again to bring down prices, create domestic jobs, and allow us to continue in our role as a global energy leader."
However, Allie Rosenbluth, Oil Change International's U.S. manager, warned Thursday that "this bill is yet another dangerous attempt by Sen. Manchin to line the pockets of his fossil fuel donors, sacrificing communities and our climate along the way."
"Don't be fooled: The Energy Permitting Reform Act is another dirty deal to fast-track fossil fuels above all else," she continued. "It would unleash more drilling on federal lands and waters, unnecessarily rush the review of proposed oil and gas export projects, and lift the Biden administration's pause on new LNG exports."
"We urge Congress to reject this proposal and commit to action that protects frontline communities from the impacts of fossil fuel development and the climate crisis," Rosenbluth added.
"Don't be fooled: The Energy Permitting Reform Act is another dirty deal to fast-track fossil fuels above all else."
NRDC managing director of government affairs Alexandra Adams said Wednesday that "this bill is a giveaway for the oil and gas industry that will ramp up drilling and environmental destruction at a time when we need to be putting a hard stop to fossil fuels."
"We cannot afford to roll back so many of our bedrock environmental and community legal protections and offer a blank check to the oil and gas industry," she stressed. "We need new solutions for permitting if we are going to meet our clean energy potential and address the climate challenge. But this is not it."
"This bill would altogether be a leap backward on climate, health, and justice if passed into law," Adams added. "The Senate should reject it and look toward alternative solutions already being considered."
Keep ReadingShow Less
'Nothing To Eat': War-Torn Sudan Faces Mass Famine as Military Delays Aid
Both parties in Sudan's civil war are to blame for a looming mass famine, experts say, and the military's blocking of U.N. aid at a border crossing with Chad exacerbates the problem.
Jul 26, 2024
Sudan's military is blocking United Nations aid trucks from entering at a key border crossing, causing severe disruptions in aid in a country that experts fear may be on the brink of one of the worst famines the world has seen in decades, The New York Timesreported Friday.
The border city of Adré in eastern Chad is the main international crossing into the Darfur region of Sudan, but the Sudanese Armed Forces (SAF), the state's official military, which is engaged in a civil war with a paramilitary group called the Rapid Support Forces (RSF), has refused to issue permits for U.N. trucks to enter there, as it's an RSF-controlled area.
U.S. and international officials have issued increasingly alarmed calls for steady aid access to help feed the millions of severely malnourished people in Darfur and other areas of Sudan.
Last week, Linda Thomas-Greenfield, the United States ambassador to the U.N., said that the SAF's obstruction of the border was "completely unacceptable."
Both warring parties in Sudan continue to perpetrate brazen atrocities, including starvation of civilians as a method of warfare. This piece focuses on the SAF's ongoing obstruction of essential aid. The situation is catastrophic. The policy is criminal. https://t.co/FKhqQh3EI9.
— Tom Dannenbaum (@tomdannenbaum) July 26, 2024
The Sudanese who've made it out of the country and into Adré reported dire and unsafe conditions in their home country.
"We had nothing to eat," Bahja Muhakar, a Sudenese mother of three, told the Times after she crossed into Chad, following a harrowing six-day journey from Al-Fashir, a major city in Darfur. She said the family often had to live off of one shared pancake per day.
Another mother, Dahabaya Ibet, said that her 20-month-old boy had to bear witness to his grandfather being shot and killed in front of his eyes when the family home in Darfur was attacked by gunmen late last year.
Now the mothers and their families are refugees in Adré, where 200,000 Sudanese are living in an overcrowded, under-resourced transit camp.
In addition to those that have made it out of the country, there are 11 million people internally displaced within Sudan, most of whom have become displaced since the civil war began in April 2023.
An unnamed senior American official told the Times that the looming famine in Sudan could be as bad as the 2011 famine in Somalia or even the great Ethiopian famine of the 1980s.
In April, Reutersreported that people in Sudan were eating soil and leaves to survive, and The Washington Postcalled it a nation in "chaos," reporting that World Food Program trucks had been "blocked, hijacked, attacked, looted, and detained."
In late June, a coalition of U.N. agencies, aid groups, and governments warned that 755,000 people in Sudan faced famine in the coming months.
The U.S. last week announced $203 million in additional aid to Sudan—part of a $2.1 billion pledge that world leaders made in April, which some countries have not yet delivered on.
Some officials including Thomas-Greenfield, who has dubbed the situation in Sudan "the worst humanitarian crisis in the world," have called for the U.N. Security Council to allow aid delivery into the country even in the absence of SAF approval; it's believed that Russia would veto such a measure.
Sudan's civil war has seen a great deal of international interference. Amnesty International on Thursday published an investigatory briefing showing that weapons from Russia, China, Serbia, Turkey, Yemen, and the United Arab Emirates (UAE) had been identified in the country. And The Guardian on Friday reported that the passports of Emirati citizens had been found among wreckage in Sudan, indicating the UAE may have troops or intelligence officers on the ground, though the UAE denied the accusation.
The International Service for Human Rights on Friday warned that both the SAF and RSF were engaged in wrongful killings and arrests, especially targeted at lawyers, doctors, and activists. The group called for an immediate cease-fire.
The SAF and Sudanese government figures have cast doubt on international experts' claims about famine in the country.
Keep ReadingShow Less
JD Vance Doubles Down on Attack on 'Childless Cat Ladies'
Vance "meant no disrespect to cats, but he did mean to demean women and still holds the view in 2024 that they should be punished for not having children."
Jul 26, 2024
After days of condemnation from critics including actress Jennifer Aniston and Transportation Secretary Pete Buttigieg, U.S. Sen. JD Vance was given the opportunity on Thursday to clarify his remarks from 2021 in which he said the Democratic Party was run by "childless cat ladies."
Instead, the Ohio Republican and running mate of former President Donald Trump assured SiriusXM host Megyn Kelly on "The Megyn Kelly Show" that while he has "nothing against cats," he meant what he said in terms of "the substance" of his argument.
Vance made it clear, said Aaron Fritschner, deputy chief of staff for Rep. Don Beyer (D-Va.), "that he meant no disrespect to cats, but he did mean to demean women and still holds the view in 2024 that they should be punished for not having children."
The comments in question were made by Vance to then-Fox News host Tucker Carlson when Vance was running for the Senate.
Calling out Buttigieg—who, the secretary disclosed this week, was struggling at the time to adopt a child with his husband—and Vice President Kamala Harris, a stepmother of two and the Democratic Party's presumptive presidential nominee, Vance said people without biological children "don't really have a direct stake in" the future of the country and therefore shouldn't hold higher office.
In separate remarks that same year, Vance said parents should "have more power" at the voting booth and that "if you don't have as much of an investment in the future of this country, maybe you shouldn't get nearly the same voice."
He also specifically categorized people who don't have children as "bad" in an interview in 2021, saying the government should "reward the things that we think are good" and "punish the things that we think are bad," with people taxed at a lower rate if they have children.
While a spokesperson for Vance told ABC News that the senator's taxation proposal was "basically no different" than the child tax credit supported by the Democratic Party, Democrats who have pushed for the credit have heralded its proven ability to slash child poverty rates and help families afford groceries, childcare, and other essentials, rather than viewing the tax savings as a way to reward people for procreating.
In his interview with Kelly on Thursday, Vance attempted to pivot away from his own comments, saying his point was to criticize "the Democratic Party for becoming anti-family and anti-child" and claiming without evidence that the Harris campaign had "come out against the child tax credit"—a signature policy of the Biden-Harris administration.
"I'm proud to stand for parents and I hope that parents out there recognize that I'm a guy who wants to fight for you," said Vance. "The Democrats, in the past five, 10 years, Megyn, they have become anti-family. It's built into their policy, it's built into the way they talk about parents and children. I don't think we should back down from it, I think we should be honest about the problem."
Vance and Kelly went on to lament the anxiety "hardcore environmentalists" and progressive lawmakers such as Rep. Alexandria Ocasio-Cortez (D-N.Y.) have expressed about the damage fossil fuel extraction is doing the planet, accusing them of pushing people to forgo having families—but said nothing about Republican policies that have made child-rearing less accessible.
In recent years, the entire Republican caucus in Congress was joined by conservative then-Democratic Sen. Joe Manchin of West Virginia in blocking the extension of the enhanced child tax credit, which had been credited with cutting the national child poverty rate in half. Republicans also allowed a pandemic-era universal school meal program to expire, while several Democratic-led states have passed state-level programs to ensure all children can have meals at school, regardless of their family's income.
Under Republican abortion bans, numerous stories have cropped up of pregnant people who have been forced to carry pregnancies to term despite finding out that their fetuses had fatal abnormalities and would die soon after birth—as have stories of children who were forced to give birth or had to cross state lines in order to get abortion care.
As with his position that nonparents should be "punished" for not having children, "who else does 'pro-child/family' Vance think should 'face consequences and reality' by way of curtailing choices, rights, and freedoms?" asked writer Alheli Picazo. "Women and girls who become pregnant through rape/incest."
University of North Carolina law professor Carissa Byrne Hessick said that one could test "empirically" Vance's claim that Democratic policies are anti-family.
"But I haven't heard the GOP talk much about things that would help my family and my kids," she said, "like reducing childcare and tuition costs."
Keep ReadingShow Less
Most Popular