Tag Archives: Our Children’s Trust

Youth Fight Back as Biden DOJ Seeks to Derail Historic Climate Case

“These youth have been politically targeted and persecuted, for over eight years, as the enormous power and machine of the Department of Justice singles them out among tens of thousands of other plaintiffs.”

By Brett Wilkins. Published 2-2-2024 by Common Dreams

The 21 youth plaintiffs in the constitutional climate case Juliana v. United States pose for a photo in New York City. (Photo: Our Children’s Trust)

As the Biden administration seeks to derail a historic youth-led climate lawsuit against the U.S. government, plaintiffs in the suit—some of them now in their mid-to-late 20s—on Thursday moved to block the Department of Justice from further delaying the case.

Plaintiffs in Juliana v. United States filed a challenge to the Biden administration’s bid for a stay in the case, calling the Justice Department’s latest petition for a writ of mandamus “nothing short of shocking.”

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‘This Is Huge’: Judge Sides With Montana Youths in Historic Climate Ruling

“As fires rage in the West, fueled by fossil fuel pollution, today’s ruling in Montana is a game-changer that marks a turning point in this generation’s efforts to save the planet,” said one attorney representing 16 young plaintiffs.

By Julia Conley. Published 8-14-2023 by Common Dreams

The plaintiffs in Held v. State of Montana. Photo: Our Children’s Trust

Climate advocates on Monday expressed hope that an unprecedented ruling by a state judge in Montana, siding with 16 young residents who argued the state violated their constitutional rights by promoting fossil fuel extraction, will mark a sea change in the outcomes of climate lawsuits.

In Held v. State of Montana, District Court Judge Kathy Seeley ruled that rights of the plaintiffs—who range in age from 5 to 22— have been violated by the Montana Environmental Policy Act because the law has prevented the state from assessing the climate impacts of mining projects.

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‘Nothing Short of Outrageous’: Attorneys for Youth Climate Plaintiffs Blast Biden DOJ

“It is our hope and expectation that the courts will see through the DOJ’s tactics and ensure that this constitutional case gets to trial immediately,” said a lawyer with Our Children’s Trust.

By Jessica Corbett Published 7-7-2023 by Common Dreams

The 21 youth plaintiffs in the constitutional climate case Juliana v. United States pose for a photo in New York City. (Photo: Our Children’s Trust)

Nearly eight years since 21 young Americans launched a landmark federal climate lawsuit against the U.S. government, their lawyers this week called out President Joe Biden’s administration for trying to get the case dismissed using recycled arguments.

In a Friday statement responding to the U.S. Department of Justice’s most recent push to have Juliana v. United States dismissed, Andrea Rodgers, one of the Our Children’s Trust attorneys for the youth plaintiffs, charged that “the DOJ’s conduct throughout the course of this case has been nothing short of outrageous.”

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‘Our Voices Are Actually Being Heard’: Historic Youth Climate Trial Begins in Montana

“I think a victory for the Montana youth would really set the stage, provide a strong foundation for many of these other youth climate cases,” said one law professor in the state.

By Jessica Corbett. Published 6-12-2023 by Common Dreams

The plaintiffs in Held v. State of Montana Photo: Western Environmental Law Center/Twitter

The first-ever constitutional climate trial in the United States—the result of 16 youth suing the Montana government for promoting and supporting fossil fuels that dangerously warm up the planet—kicked off in Helena on Monday.

“Going to trial means a chance for me and my fellow plaintiffs to have our climate injuries recognized and a solution realized. It means our voices are actually being heard by the courts, the government, the people who serve to protect us as citizens, and Montana’s youth,” Grace, one of the 16 young people behind Held v. State of Montanasaid in a statement earlier this year.

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13 Youth File ‘Vital’ Constitutional Climate Lawsuit Against Virginia

“We are tired of our fears being ignored, and the courts are a way to make sure our voices are heard by the government that represents us.”

By Jessica Corbett  Published 2-9-2022 by Common Dreams

Chesterfield Power Station, a Dominion Resources’ coal fired power plant located in central Virginia. Photo: Edbrown05/Wikimedia Commons/CC

Virginia residents ages 10 to 19 filed a constitutional lawsuit against the commonwealth on Wednesday over the government’s fossil fuel policies that contribute to the climate emergency.

The 13 young plaintiffs, represented by Our Children’s Trust, are asking the court to declare that the state government’s historic and ongoing permitting of fossil fuel projects that pollute the planet violates their constitutional and public trust rights. Continue reading

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Lawyers for Landmark Kids Climate Suit Cut Off Talks With Biden DOJ

“When will our government act like the global leaders they claim to be and let these youth be heard?”

By Andrea Germanos, staff writer for Common Dreams.  Published 11-1-2021

A young person holds a sign in support of the youth climate plaintiffs. (Photo: Charles Edward Miller/CC BY-SA 2.0)

Lawyers representing a group of young people in a landmark climate lawsuit said Monday that settlement discussions with the U.S. Department of Justice ended without resolution and that they’re now eagerly awaiting a trial date to argue that the nation’s fossil fuel-based energy system violates the youths’ constitutional rights.

First filed in 2015 at the U.S. District Court for the District of Oregon, Juliana v. United States says the federal government’s actions allowing continued fossil fuel exploitation directly contributed to the climate crisis, thus violating the plaintiffs’ constitutional rights to life, liberty, and property, the public trust, and equal protection of the law. Continue reading

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‘Our Planet Is Seriously Burning and the Adults Keep Letting Us Down’: Ninth Circuit Throws Out Youth Climate Case

“Seeking to quash this suit, the government bluntly insists that it has the absolute and unreviewable power to destroy the Nation,” wrote Judge Josephine Staton in a scathing dissent opinion. “My colleagues throw up their hands, concluding that this case presents nothing fit for the Judiciary.”

By Jon Queally, staff writer for Common Dreams. Published 1-18-2020

The 21 youth plaintiffs in the Juliana vs. United States lawsuit that was thrown out by Ninth Circuit Court of Appeals on Friday afternoon. Our Children’s Trust, which represents the plaintiffs in the case, has vowed to appeal the ruling. (Image: Our Children’s Trust, Facebook)

In a ruling taken as a devastating blow for climate campaigners worldwide, the 9th Circuit Court
of Appeals in the United States on Friday afternoon threw out a lawsuit brought by 21 youth plaintiffs who accused the U.S. government of failing its constitutional mandate by refusing to act urgently and responsibly to address the existential threat of human-caused global warming.

The case at issue, Juliana vs. United States, has been seen as a potential landmark case not just domestically but across the globe and while the three-member panel of the 9th Circuit—notably seen as one of the country’s most liberal-minded circuit courts—agreed with the plaintiff’s argument that the U.S. government has operated as a barrier to climate action it concluded the courts were not the appropriate avenue for their complaint. Continue reading

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Landmark Youth Climate Suit Moves Ahead as Supreme Court Rejects Trump Admin. Request to Halt It

“The youth of our nation won an important decision”

By Andrea Germanos, staff writer for Common Dreams. Published 11-3-2018

Supporters of the youthful plaintiffs in the case rally outside the 9th Circuit Court of Appeals on Oct. 29, 2018. (Photo: Peg Hunter/flickr/cc)

The nation’s top court on Friday turned down the Trump administration’s latest attempt to put the brakes on a landmark lawsuit brought by a group of young people who charge that the federal government has violated their constitutional rights by actively causing climate instability.

“The youth of our nation won an important decision,” said Julia Olson, executive director and chief legal counsel of Our Children’s Trust and co-counsel for the youth plaintiffs. She said the finding by the U.S. Supreme Court “shows even the most powerful government in the world must follow the rules and process of litigation in our democracy.” Continue reading

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‘Disgraceful and Enraging’: Supreme Court Halts Youth Climate Case After Last-Ditch Trump Effort to Kill Suit

“A newly configured Supreme Court seems poised to close the courthouse doors. But the tide of #ClimateAction cannot be stopped.”

By Jessica Corbett, staff writer for Common Dreams. Published 10-20-2018

The Minnesota March for Science was held in St. Paul in April of 2017. (Photo: Lorie Shaull/Flickr/cc)

In a move author and activist Naomi Klein denounced as “disgraceful and enraging,” the U.S. Supreme Court has halted a lawsuit brought by 21 American children and young adults that aims to hold the federal government accountable for its ongoing failure to adequately curb greenhouse gas emissions to battle the global climate crisis.

The decision came in response to a last-ditch effort by the Trump administration to kill the “potentially landmark” case ahead of the trial slated to begin in the U.S. District Court for the District of Oregon on Oct. 29. Continue reading

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‘Turning Point’ in Climate Fight as Judge Rules Youth Can Sue U.S. Government

‘This court just gave the youth of this country the critical opportunity to protect their futures,’ said attorney Julia Olson

By Lauren McCauley, staff writer for Common Dreams. Published 11-11-2016

"We're doing what so many people told us we were incapable of doing: holding our leaders accountable for their disastrous and dangerous actions," said Xiuhtezcatl Martinez, a 16-year-old plaintiff and youth director of Earth Guardians. (Image via EcoWatch)

“We’re doing what so many people told us we were incapable of doing: holding our leaders accountable for their disastrous and dangerous actions,” said Xiuhtezcatl Martinez, a 16-year-old plaintiff and youth director of Earth Guardians. (Image via EcoWatch)

In a powerful late Thursday ruling, a U.S. judge dismissed all attempts by the federal government and Big Oil to block a landmark trial brought by young people on behalf of the environment, in a case that advocates say could be a “turning point in United States constitutional history.”

“Federal courts too often have been cautious and overly deferential in the arena of environmental law, and the world has suffered for it,” wrote (pdf) U.S. District Court Judge Ann Aiken as she moved to reject all arguments to dismiss raised by the Obama administration and fossil fuel industry. Continue reading

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