VIRGINIA
Layla H. v. Commonwealth of Virginia
On February 9, 2022, 12 youth from across Virginia filed their constitutional climate lawsuit against the Commonwealth of Virginia, Layla H. v. Commonwealth of Virginia. The case argues that the Commonwealth’s historic and ongoing permitting of fossil fuels is causing and contributing to the climate crisis, and violating the plaintiffs’ constitutional rights. The youth plaintiffs assert that Virginia has violated its public trust duty to protect elements of the public domain, including atmosphere, required to preserve constitutional rights. They also assert that the Commonwealth of Virginia continues to rely primarily on fossil fuels as its main energy source and is thereby exacerbating climate change by polluting the atmosphere with excessive greenhouse gas emissions.
The youth plaintiffs are represented by Nate Bellinger and Kimberly Willis with Our Children’s Trust and Isak Howell, Attorney at Law.
Current Status:
The Court of Appeals will soon notify parties when they will appear for oral argument in Richmond, Virginia.
TIMELINE:
The following is a timeline of major moments, filings, and rulings in Layla H. v. Commonwealth of Virginia from February 2022 to today:
“February 9, 2022: Case Filed!
Thirteen Virginia youth filed their constitutional climate case against the Commonwealth of Virginia.”
“April 11, 2022: Commonwealth of Virginia Filed Response to Plaintiff’s Complaint
The Commonwealth of Virginia filed its response to Plaintiff’s Complaint. The response called a Demurrer, lists the reasons why the State thinks the case should be dismissed.
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“July 29, 2022: Commonwealth of Virginia Filed Brief in Support of Their Demurrer and Plea of Sovereign Immunity
The Commonwealth of Virginia filed a brief to explain the arguments in their Demurrer.
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“August 26, 2022: Youth Plaintiffs Filed Brief in Opposition to the Commonwealth’s Demurrer
Youth plaintiffs filed a brief opposing the Commonwealth’s request to dismiss the case, arguing their case should be permitted to move forward. Virginia Clinicians for Climate Action filed an amicus brief in support of youth plaintiffs.”
“September 2, 2022: Commonwealth of Virginia Filed Reply Brief in Support of Their Demurrer and Plea of Sovereign Immunity
The Commonwealth of Virginia filed a brief rebutting youth plaintiffs’ arguments that the case should move forward.”
“September 16, 2022: Oral Arguments at Richmond City Circuit Court
Attorneys for the youth plaintiffs presented oral arguments before the Honorable Clarence N. Jenkins Jr. at the Richmond City Circuit Court on their Opposition to the Commonwealth’s Demurrer and Plea of Sovereign Immunity. Over 100 supporters joined the youth plaintiffs in the courtroom and at a post-hearing press conference on the courthouse plaza. During the hearing, Judge Jenkins Jr. ruled from the bench in favor of the Commonwealth, citing sovereign immunity, a doctrine that the judge used to allow the Commonwealth to avoid suit on the fundamental rights to life and liberty and thereby closing the courthouse doors on these youth plaintiffs. Judge Jenkins Jr.’s ruling did not address the facts or the merits of the youth plaintiffs’ constitutional claims.”
“October 26, 2022: Youth Plaintiffs File Notice of Appeal
The youth plaintiffs filed their Notice of Appeal informing the Court of Appeals that they contest Judge Jenkins Jr.’s ruling dismissing their case.
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“March 21, 2023: Youth Plaintiffs File Opening Brief
The Virginia youth plaintiffs filed their Opening Brief with the Court of Appeals arguing Judge Jenkins Jr. erroneously found the Commonwealth of Virginia, including the Governor and specific state agencies, are immune from being sued for violating Virginia citizens’ fundamental rights to life and liberty – rights protected by the Virginia Constitution’s Bill of Rights.
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“March 28, 2023: Legal Scholars and Medical Professionals File Amicus Briefs in Support of Youth Plaintiffs
Three amicus briefs were filed in support of the youth’s appeal by leading constitutional law professors, public trust law professors, and Virginia Clinicians for Climate Action (VCCA). ”
“May 19, 2023: Commonwealth of Virginia Filed Response Brief
The Commonwealth of Virginia filed a brief rebutting youth plaintiffs’ arguments.”
“March 21, 2023: Youth Plaintiffs File Reply Brief
The Virginia youth plaintiffs filed a Reply Brief countering the arguments the Commonwealth raised in their Response Brief.”
“TODAY: Youth Plaintiffs Await Oral Argument Hearing Date
The Court of Appeals will soon notify parties when they will appear for oral argument in Richmond, Virginia.
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