FEDERAL COURT AFFIRMS CONSTITUTIONAL RIGHTS OF CHILDREN
DENIES MOTIONS
OF GOVERNMENT AND FOSSIL FUEL INDUSTRY IN
YOUTH’S LANDMARK CLIMATE
CHANGE CASE
EUGENE, Oregon - On April 8, 2016, U.S. Magistrate Judge Thomas Coffin of the federal District
Court in Eugene, OR, decided in favor of 21 young Plaintiffs, and Dr.
James Hansen on behalf of future generations, in their landmark
constitutional climate change case brought against the federal
government and the fossil fuel industry.
The Court’s ruling is a major victory for the 21 youth Plaintiffs, ages 8-19, from across the U.S. in what Bill McKibben and Naomi Klein call the “most important lawsuit on the planet right now.” These plaintiffs sued the federal government for violating their constitutional rights to life, liberty and property, and their right to essential public trust resources, by permitting, encouraging, and otherwise enabling continued exploitation, production, and combustion of fossil fuels.
Plaintiffs’ attorney Philip Gregory with Cotchett, Pitre, & McCarthy of Burlingame, CA, said: “This decision is one of the most significant in our nation’s history. The Court upheld our claims that the federal government intensified the danger to our plaintiffs’ lives, liberty and property.
Judge Coffin decided our Complaint will move forward and put climate science squarely in front of the federal courts. The next step is for the Court to order our government to cease jeopardizing the climate system for present and future generations. The Court gave America’s youth a fair opportunity to be heard.”
As part of Friday’s historic decision, Judge Coffin characterized the case as an “unprecedented lawsuit” addressing “government action and inaction” resulting “in carbon pollution of the atmosphere, climate destabilization, and ocean acidification.”
In deciding the case will proceed, Judge Coffin wrote: “The debate about climate change and its impact has been before various political bodies for some time now. Plaintiffs give this debate justiciability by asserting harms that befall or will befall them personally and to a greater extent than older segments of society.”
“It may be that eventually the alleged harms, assuming the correctness of plaintiffs' analysis of the impacts of global climate change, will befall all of us. But the intractability of the debates before Congress and state legislatures and the alleged valuing of short term economic interest despite the cost to human life, necessitates a need for the courts to evaluate the constitutional parameters of the action or inaction taken by the government. This is especially true when such harms have an alleged disparate impact on a discrete class of society.”
Dr. James Hansen, guardian in the case for all future generations, and world renown climate scientist said, “Science clearly establishes that our planet’s increasing energy imbalance – caused in substantial part by our government’s support for the exploitation and combustion of fossil fuel – imposes increasingly severe risks on our common future. Now, from Eugene Oregon, comes a prescient and insightful ruling from a federal district court. Judge Coffin in effect declares that the voice of children and future generations, supported by the relevant science, must be heard. We will now proceed to prove our claims. It is perhaps not too late for serious action to preserve a viable climate system that will be required by our posterity.”
Read the full press release here.
Read the Court's order here.
The Court’s ruling is a major victory for the 21 youth Plaintiffs, ages 8-19, from across the U.S. in what Bill McKibben and Naomi Klein call the “most important lawsuit on the planet right now.” These plaintiffs sued the federal government for violating their constitutional rights to life, liberty and property, and their right to essential public trust resources, by permitting, encouraging, and otherwise enabling continued exploitation, production, and combustion of fossil fuels.
Plaintiffs’ attorney Philip Gregory with Cotchett, Pitre, & McCarthy of Burlingame, CA, said: “This decision is one of the most significant in our nation’s history. The Court upheld our claims that the federal government intensified the danger to our plaintiffs’ lives, liberty and property.
Judge Coffin decided our Complaint will move forward and put climate science squarely in front of the federal courts. The next step is for the Court to order our government to cease jeopardizing the climate system for present and future generations. The Court gave America’s youth a fair opportunity to be heard.”
As part of Friday’s historic decision, Judge Coffin characterized the case as an “unprecedented lawsuit” addressing “government action and inaction” resulting “in carbon pollution of the atmosphere, climate destabilization, and ocean acidification.”
In deciding the case will proceed, Judge Coffin wrote: “The debate about climate change and its impact has been before various political bodies for some time now. Plaintiffs give this debate justiciability by asserting harms that befall or will befall them personally and to a greater extent than older segments of society.”
“It may be that eventually the alleged harms, assuming the correctness of plaintiffs' analysis of the impacts of global climate change, will befall all of us. But the intractability of the debates before Congress and state legislatures and the alleged valuing of short term economic interest despite the cost to human life, necessitates a need for the courts to evaluate the constitutional parameters of the action or inaction taken by the government. This is especially true when such harms have an alleged disparate impact on a discrete class of society.”
Dr. James Hansen, guardian in the case for all future generations, and world renown climate scientist said, “Science clearly establishes that our planet’s increasing energy imbalance – caused in substantial part by our government’s support for the exploitation and combustion of fossil fuel – imposes increasingly severe risks on our common future. Now, from Eugene Oregon, comes a prescient and insightful ruling from a federal district court. Judge Coffin in effect declares that the voice of children and future generations, supported by the relevant science, must be heard. We will now proceed to prove our claims. It is perhaps not too late for serious action to preserve a viable climate system that will be required by our posterity.”
Read the full press release here.
Read the Court's order here.
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