Washington plaintiffs with their attorney Andrea Rodgers.
Aji P. v. State of Washington
Our Children’s Trust has supported youth plaintiffs in Washington since 2011, most recently in the youth-led constitutional climate case, Aji P. v. State of Washington.
Thirteen youth plaintiffs from across the state of Washington filed Aji P. v. State of Washington was filed in King County Superior Court on February 16, 2018. Their complaint asserts that the State, Governor Jay Inslee, and several state agencies,by causing and contributing to climate change through the State’s Fossil Fuel Energy and Transportation policies, have violated the youngest generation’s constitutional rights to life, liberty, property, and equal protection of the law, and has caused impairment of essential public trust resources.
The youth plaintiffs are represented by Andrea Rodgers and Andrew Welle of Our Children’s Trust.
Current Status:
The youth plaintiffs and their attorneys are currently assessing next steps in their effort to secure climate justice.
TIMELINE:
The following is a timeline of major moments, filings, and rulings in Aji. P. v. State of Washington, from 2018 to today:
“February 16, 2018: Case Filed
The 13 youth plaintiffs filed their constitutional climate case, Aji. P. v. State of Washington.”
“June 1, 2018: Motion to Dismiss
Attorneys for the defendants moved to dismiss the case.”
“June 22, 2018: Response Brief + Amicus Briefs
The youth plaintiffs filed their response brief to the motion to dismiss. Amicus briefs were also filed in support of the plaintiffs by a coalition of environmental organizations , leaders in the faith community , and the League of Women’s Voters .”
“August 14, 2018: Motion to Dismiss Granted
King County Superior Court Judge Michael Scott granted the State of Washington’s motion to dismiss the case, telling the youth to be optimistic and engage in the political process to protect their rights.”
“September 11, 2018: Notice of Appeal Filed
Attorneys for the youth plaintiffs filed a notice of appeal with the Washington Court of Appeals.”
“January 22, 2019: Opening Brief Filed
The youth plaintiffs filed their opening brief.”
“March 25, 2019: Defendants File Response Brief
Attorneys for the State of Washington filed their response brief.”
“March 25, 2019: Defendants File Response Brief
The Sauk-Suiattle Indian Tribe , the League of Women’s Voters , faith-based individuals and organizations , environmental groups , medical professionals , Washington businesses , and a small coalition of Indian tribes (Swinomish Indian Community, Suquamish Indian Tribe and Quinault Indian Nation) filed several amicus briefs in support of the youth plaintiffs.”
“September 17, 2020: Oral Arguments
Attorneys presented oral arguments before a panel of three judges in the Washington State Court of Appeals. The youth plaintiffs were represented by Our Children’s Trust Senior Litigation Attorney, Andrea Rodgers, in a courtroom that was closed to the public due to COVID-19. A recording of the oral arguments can be watched here.”
“February 8, 2021: Court Upholds Motion to Dismiss
In spite of acknowledging that “the right to a stable environment should be fundamental” in their decision the court ultimately denied the youth plaintiffs their day in court, upholding the August 14, 2018 decision granting the defendant’s motion to dismiss.”
“March 10, 2021: Petition for Review Submitted to Washington State Supreme Court!
Attorneys for the youth plaintiffs filed a petition for review with the Washington State Supreme Court to get their constitutional climate change case heard in court. ”
“June 24, 2021: Washington Indian Tribes, Civil Rights & Environmental
Organizations File Amicus Briefs
The Swinomish Indian Tribal Community, the Fred. T. Korematsu Center for Law and Equality, the League of Women Voters, the Center for Environmental Law and Policy, and Environmental Law Alliance Worldwide are among entities that file “friend of the court” briefs with the Washington Supreme Court in support of the youth plaintiffs. ”
“October 6, 2021: Washington Supreme Court Denies to Hear Case
In an unjust decision, with a powerful dissent from Chief Justice Steven C. González and Justice G. Helen Whitener, the Washington Supreme Court refused to review the Court of Appeals decision denying the youth their day in court.
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“TODAY: Planning Next Steps!
The youth plaintiffs and their attorneys are currently assessing next steps in their effort to secure climate justice.
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