By Dylan Lenzen
Just in the last few years, groups of U.S. teenagers have begun filing lawsuits against state and federal governments in an effort to force governments to adequately respond to the threats posed to climate change. Some groups have actually been somewhat successful in doing so. The most monumental of these cases involves 21 children and renowned climate scientist James Hanson who are suing the Obama Administration and other federal agencies in an attempt to force serious action in response to climate change.
This most recent case involving the Obama administration is the result of multiple lawsuits filed by youth in all 50 states since 2011. Some of these cases have actually seen some success. Most recently, in Washington state, a group of 8 teenagers won their case against the Department of Ecology. The King County Supreme Court judge who heard the case did not agree with the teenagers’ argument in entirety, and as a result, did not order the Department of Ecology to draft rules for cutting carbon emissions. With that said the judge did state, “[fusion_builder_container hundred_percent=”yes” overflow=”visible”][fusion_builder_row][fusion_builder_column type=”1_1″ background_position=”left top” background_color=”” border_size=”” border_color=”” border_style=”solid” spacing=”yes” background_image=”” background_repeat=”no-repeat” padding=”” margin_top=”0px” margin_bottom=”0px” class=”” id=”” animation_type=”” animation_speed=”0.3″ animation_direction=”left” hide_on_mobile=”no” center_content=”no” min_height=”none”][the youths’] very survival depends upon the will of their elders to act now, decisively and unequivocally, to stem the tide of global warming…before doing so becomes first too costly and then too late.”
The organization that has inspired these recent legal efforts is Our Children’s Trust. Their work has culminated with a lawsuit with the Obama administration. The argument that is made by these young people accuses the federal government of infringing upon the rights of young people. In their own words, “in causing climate change, the federal government has violated the youngest generation’s constitutional rights to life, liberty, property, as well as failed to protect essential public trust resources.” So even though we are already feeling the impacts of climate change today, it is clear that future generations will be most affected by climate injustice.
This effort that seeks to create change through judicial channels as opposed to traditional ones and comes at a very important time. With the upcoming UN Climate Summit in Paris, it will be incredibly important that domestic policies show that the U.S. is adequately responding to threat that the science of climate change has shown. Utilizing the judicial system, the arm of government that appears least effected by the lobbying power of deep-pocketed fossil fuel interests, could prove to be an important step in ensuring domestic action is taken to combat climate change.
Winning this lawsuit against the federal government will not be without challenges. It could take years before the case even reaches the Supreme Court. Even if it does make it to the Supreme Court, it is difficult to say whether five justices will support a decision in support of Our Children’s Trust. In addition, the influence of fossil fuel interests will be difficult to avoid. Most recently, three trade groups, that represent the likes of Exxon Mobile, Koch Industries, and others, have requested to be allowed to join the Obama administration as co-defendants in the case.
Despite these challenges, we can only hope for future generation that our government will take the threat of climate change as a serious matter.[/fusion_builder_column][/fusion_builder_row][/fusion_builder_container]
By Dylan Lenzen