LANDMARK U.S. FEDERAL CLIMATE LAWSUIT
“Exercising my ‘reasoned judgment,’ I have no doubt that the right to a climate system capable of sustaining human life is fundamental to a free and ordered society.” –U.S. District Judge Ann Aiken
On June 8, 2017, Judge Ann Aiken denied the Trump administration's motions seeking an interlocutory appeal of her November 10, 2016 opinion and order denying the U.S. government and fossil fuel industry’s motions to dismiss a constitutional climate change lawsuit filed by 21 youth. The decision means that the youth, age 9 to 21 and from all over the U.S., now have standing because their rights are at stake, and now their case is headed to trial. But on June 9, 2017, the Trump administration filed a rare "writ of mandamus" to the Ninth Circuit Court of Appeals, seeking, again, to avoid a climate trial.
The youth had filed their constitutional climate lawsuit against the federal government in the U.S. District Court for the District of Oregon in 2015. Also acting as a plaintiff is world-renowned climate scientist Dr. James E. Hansen, serving as guardian for future generations and his granddaughter. Their complaint asserts that, through the governments affirmative actions in causing climate change, it has violated the youngest generation’s constitutional rights to life, liberty, and property, as well as failed to protect essential public trust resources.
On April 8, 2016, U.S. Magistrate Judge Thomas Coffin first denied the government and fossil fuel industry's motions to dismiss. While reviewing his decision, Judge Aiken heard oral arguments on September 13, 2016, and issued her historic ruling on November 10, 2016.
Are you a lawyer looking to help out, pro bono? Please fill out this form to share your interest.
*Click here for timeline of the Alec L. v. McCarthy lawsuit we filed in 2011.