Photo: Robin Loznak
Sagoonick v. State of Alaska
Our Children’s Trust has been supporting young people in Alaska since 2011, most recently in the youth-led climate case Sagoonick v. State of Alaska.
Originally filed in August 2017, Sagoonick v. State of Alaska, brought by 16 young Alaska Natives and Alaskans against the State of Alaska, Governor Dunleavy, and five state agencies, argued that Alaska’s fossil fuel energy policy, and the State-authorized fossil fuel development and ensuing greenhouse gas emissions that result, have caused and contributed to Alaska’s climate crisis, placing youth plaintiffs in danger and harming their health, safety, homes, culture, and Native villages in violation of Alaska’s Constitution.
The youth plaintiffs were represented by Andrew Welle, Esq. with Our Children’s Trust and Brad De Noble, Esq.
Current Status:
On February 25, 2022, the Alaska Supreme Court denied the youth plaintiffs’ petition for rehearing.
In 2023, young people in Alaska, supported by leading climate scientists and Our Children’s Trust attorneys, will be filing a new lawsuit against the State of Alaska for its actions that worsen Alaska’s climate crisis in violation of youth’s constitutional rights. Learn more here!
TIMELINE:
The following is a timeline of major moments, filings, and rulings in Sagoonick v. State of Alaska, from 2016 to today:
“August 28, 2017: Petition for Rulemaking Filed
Fifteen Alaskan youth and Alaska Youth for Environmental Action filed a petition for rulemaking to the Alaska Department of Environmental Conservation (ADEC). The petition called on ADEC to reduce Alaska’s carbon dioxide (CO2) emissions according to the best available climate science, inventory substantial sources of the state’s greenhouse gas (GHG) emissions, and adopt a Climate Action Plan.”
“September 27, 2017: Petition Denied
The ADEC denied the rulemaking petition, citing - among other reasons, that “The extent of emission reductions proposed in the petition would have significant consequences for employment, resource development, power generation, health, culture, and other economic and social interests within the state.””
“October 27, 2017: Constitutional Climate Case Filed
Sixteen youth Alaskans filed a constitutional climate change lawsuit - what would become Sagoonick v. State of Alaska - against the State of Alaska, Governor Bill Walker, ADEC Commissioner Larry Hartig, and five state agencies. (Photo: Robin Loznak)”
“April 20, 2018: Oral Arguments
Superior Court Judge Gregory Miller for the Third Judicial District in Anchorage heard oral arguments on the State’s motion to dismiss. ”
“October 30, 2018: Defense Motion Granted
Superior Court Judge Gregory Miller granted the State’s motion to dismiss the case. ”
“November 29, 2018: Notice of Appeal Filed
Attorneys for the youth plaintiffs filed their notice of appeal with the Alaska Supreme Court.”
“March 26, 2019: Opening and Amicus Briefs Filed
Attorneys for the youth plaintiffs filed their opening brief with the Court.
Alaska Native groups, the League of Women Voters Alaska, and 31 law professors from 26 law schools also filed amicus curiae (“friend of the court”) briefs with the Alaska Supreme Court in support of the youth plaintiffs and their constitutional climate lawsuit. .”
“July 25, 2019: Reply Brief Filed
Attorneys for the youth plaintiffs filed their reply brief with the Alaska Supreme Court, as well as a request for oral argument.”
“August 2019: Oral Arguments Scheduled
Oral arguments were scheduled for October 9, 2019.”
“October 9, 2019: Oral Arguments
Alaska Supreme Court Justices Winfree, Stowers, Maassen, and Carney heard oral arguments for the case. The hearing was held in front of hundreds of people in a packed courtroom and live-streamed to a broader audience. Chief Justice Bolger was not in attendance for the argument. (Photo: Robin Loznak)”
“February 12, 2020: Supplemental Brief Filed
Plaintiffs filed a Supplemental Brief with the Alaska Supreme Court.”
“April 28, 2020: Supplemental Reply Brief Filed
Attorneys of the plaintiffs filed a Supplemental Reply Brief with the Court.”
“January 28, 2022: Court Denies Young Alaskans Access to Justice
In a split 3-2 decision, following oral arguments over 2 years prior, the Alaska Supreme Court denied the 16 youth plaintiffs their right to bring their constitutional case challenging the state’s policy of promoting fossil fuels. The youth secured an important and powerful dissent from Justices Peter J. Maassen and Susan M. Carney, who wrote that the law “requires that we explicitly recognize a constitutional right to a livable climate — arguably the bare minimum when it comes to the inherent human rights to which the Alaska Constitution is dedicated.””
“February 7, 2022: Petition for Rehearing Filed
Attorneys for the youth plaintiffs
filed a petition for rehearing with the Alaska Supreme Court asking the court to reconsider its decision from January 28, 2022, and allow the youth plaintiffs’ claims to proceed to trial.”
“February 8, 2022: State Ordered to Respond to Petition for Rehearing
The Alaska Supreme Court ordered the State to respond to the Petition for Rehearing by February 17, 2022.
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“February 11, 2022: Response to Petition for Rehearing
The State filed its response to the youth plaintiffs’ Petition for Rehearing.
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“February 25, 2022: Alaska Supreme Court Denies Petition for Rehearing
The Alaska Supreme Court
denied the petition for rehearing filed by the youth plaintiffs and their attorneys on February 7th following the Court’s split 3-2 decision.
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“TODAY: Preparing to File a New Lawsuit
In 2023, young people in Alaska, supported by leading climate scientists and Our Children’s Trust attorneys, will be filing a new lawsuit against the State of Alaska for its actions that worsen Alaska’s climate crisis in violation of youth’s constitutional rights.”