This climate lawsuit is major and Trump absolutely does not want it to come to trial
washingtonpost.com
The lawsuit — the first of its kind — argues the federal government has violated the constitutional right of the 21 plaintiffs to a healthy climate system.
Environmental groups say the case — if it’s successful — could force even a reluctant government to reduce greenhouse gas emissions and take other measures to counter warming.
“It would be huge,” said Pat Gallagher, legal director at the Sierra Club, who is not involved in the case. “It would upend climate litigation, climate law, as we know it.”
The landmark lawsuit was originally filed during the Obama administration. The 21 plaintiffs, now between the ages of 9 and 20, claim the federal government has consistently engaged in activity that promotes fossil fuel production and greenhouse gas emissions, thereby worsening climate change. They argue this violates their constitutional right to life, liberty and property, as well the public trust doctrine, while holds that the government is responsible for the preservation of certain vital resources — in this case, a healthy climate system — for public use.
While legal experts are uncertain as to the lawsuit’s likelihood of success, few have disputed its pioneering nature. Similar cases have been brought on the state level, but this is the first against the federal government in the United States. And in November, the case cleared a major early hurdle when U.S. District Judge Ann Aiken denied motions filed by the Obama administration, as well as the fossil fuel industry, to have the lawsuit dismissed, ordering that it should proceed to trial. |
