New York Times - John Schwartz
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| Victoria Barrett, 17, is a New York high school student and a plaintiff in a climate change lawsuit brought by Our Children's Trust. Credit Michelle V. Agins/The New York Times |
Global
warming is already disrupting the planet's weather. Now it is having an
impact on the courts, as well, as adults and children around the world
try to enlist the judiciary in their efforts to blunt
climate change.
In
the United States, an environmental law nonprofit is suing the federal
government on behalf of 21 young plaintiffs. Individuals in Pakistan and
New Zealand have sued to force their governments to take stronger
action to fight climate change. A farmer in Peru has sued a giant German
energy utility over its part in causing global warming.
And while the arguments can be unconventional and surprising, some of the suits are making progress.
Last
month, a federal magistrate judge in Oregon startled many legal experts
by allowing the lawsuit filed on behalf of 21 teenagers and children to
go forward,
despite motions
from the Obama administration and fossil fuel companies to dismiss it;
the suit would force the government to take more aggressive action
against climate change. The ruling by the magistrate judge, Thomas M.
Coffin, now goes to Federal District Court to be accepted or rejected.
Michael B. Gerrard, the director of the
Sabin Center for Climate Change Law at Columbia Law School, called the ruling a potential landmark.
"It
is the first time a federal court has suggested that government may
have a constitutional duty to combat climate change, and that
individuals can sue to enforce that right," he said.
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| Saul Luciano Lliuya, a farmer in Peru, sued a German utility for its proportional contribution to global climate change. Credit Germanwatch |
But other legal scholars were skeptical that the case would progress much further.
"The
constitutional claims are novel, to say the least," said David M.
Uhlmann, a former federal prosecutor of environmental crimes who teaches
law at the University of Michigan. "I have a hard time seeing the case
succeeding in the Supreme Court, if it gets that far, and it may not
even survive review in the Ninth Circuit."
The young plaintiffs, led by the environmental law nonprofit
Our Children's Trust,
argued
that the Obama administration and the administrations before it had
ample evidence of the risks of climate change and "willfully ignored
this impending harm."
Victoria
Barrett, one of the plaintiffs, from Westchester County, N.Y., said
that older generations had ignored the threat to the planet even as the
scientific evidence of warming became undeniable.
The
current plans and efforts to battle climate change are not enough, Ms.
Barrett, 17, said, adding that her generation, with its passion and
social media tools, would make a difference.
"We
want our children to look back in the textbooks and say, 'Oh, our
parents' generation — they really fought for us,' " she said.
The
lawsuit calls for the courts to order the government to stop the
"permitting, authorizing and subsidizing of fossil fuels" — by, for
example, canceling plans for projects like a liquefied natural gas
export terminal in Oregon — and "to develop a national plan to restore
Earth's energy balance, and implement that national plan so as to
stabilize the climate system."
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| Sarah Lorraine Thomson, a law student at the University of Waikato, has filed a lawsuit against New Zealand's climate change minister. Credit Mike Scott/Waikato Times, via Fairfax Media NZ |
Julia
Olson, the executive director and chief legal counsel for Our
Children's Trust, helped form the organization in 2010 in collaboration
with the
iMatter Youth Movement, then known as Kids vs. Global Warming.
In
an interview, Ms. Olson said the goal was to pursue action against
climate change in the courts as a human rights issue, and in the name of
young people. "Most of them can't vote," she said, "and they don't have
the money to lobby."
Youth-oriented
climate groups put out calls for volunteers, and Ms. Olson found
herself with more than enough enthusiastic young activists willing to be
plaintiffs. The organization is financed in part by individual
contributions and institutional funding from groups like the Rockefeller
Brothers Fund, which contributes heavily to environmental causes.
An earlier federal suit from Our Children's Trust
failed in 2012; the organization is also pursuing several lawsuits at the state level and collaborating on a number of international suits.
It scored a victory in Washington State recently, when Judge Hollis R. Hill of King County Superior Court
ordered the State Department of Ecology to develop an emissions reduction rule in response to a legal challenge from Our Children's Trust.
As
for the federal case, Ms. Olson said, "We are optimistic that the
decision will affirm the findings and the recommendations and put us on a
track to a trial."
The Our Children's Trust suit is part of a wave of citizen actions to take on climate change.
In Pakistan, Ashgar Leghari, a law student,
sued the government last year
over delays
in carrying out a national climate change policy that could help reduce
the heavy floods and droughts that threaten the country's food and
energy security, as well as the Leghari family's farm.
A court
ordered the Pakistani government
in September to form a climate change commission to address what
Justice Syed Mansoor Ali Shah said "appears to be the most serious
threat facing Pakistan."
In
November, the farmer in Peru, Saul Luciano Lliuya, sued the German
utility RWE for its proportional contribution to global climate change.
The effects of increasingly extreme weather such as drought can make
farming a more precarious proposition, but Mr. Luciano's fears are
focused on Palcacocha Lake, which sits above his town and farm and is
being filled to overflowing, he said, by meltwater from nearby glaciers.
"We could see the glaciers melting," he said. "They were disappearing year by year. Somebody has to be made responsible."
An engineer he knew put him in touch with the environmental group
Germanwatch,
which found him a German lawyer. While it might seem bizarre for a
farmer in Peru to sue a utility in Germany, Noah Walker-Crawford, an
adviser to the group, said Germany's laws seemed auspicious for such a
suit.
"It would be quite difficult to sue in the U.S. or Saudi Arabia," he said.
The
German courts have accepted the case, but a representative of the
company, Klaus-Peter Kress, said, "RWE does not see a legal basis for
this type of claim."
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| Xiuhtezcatl Martinez, 15, at home in Boulder, Colo., last month. He is a plaintiff in an Oregon case against the federal government over climate change. Credit Nick Cote for The New York Times |
In
New Zealand, a law student, Sarah Lorraine Thomson, said she had been
inspired to take legal action by the Our Children's Trust suit and
a 2015 decision
by a court in the Netherlands that ordered the Dutch government to take
more forceful action to reduce greenhouse gas emissions.
"Hearing
about those cases was a kick in the butt — they were just ordinary
people, too — I felt that I really had no excuse," Ms. Thomson wrote in
an email.
Her
lawsuit against the New Zealand government has been filed, and she has
received affidavits from lawyers from the crown, but no hearing date has
been set.
Ms. Olson of Our Children's Trust said that the cases in the United States and abroad "build on one another."
Xiuhtezcatl
Martinez, a 16-year-old high school student and hip-hop artist from
Boulder, Colo., who became a plaintiff in the Oregon case after getting
involved in one of the state lawsuits sponsored by Our Children's Trust,
said that because "climate change is really the defining issue of our
time, there is no lawsuit of greater importance happening anywhere in
the country."
If this suit fails, he said, he expects new ones will be filed. "The evidence will only get stronger," he added.
Some
of the arguments in the Oregon lawsuit surprised legal experts, and
cases that extend rights in innovative ways tend to be long shots. A
lawsuit
brought
against fossil fuel companies and utilities by the citizens of
Kivalina, Alaska, a coastal town battered by climate forces, was
dismissed by the United States Court of Appeals for the Ninth Circuit in
2009.
But courts do blaze new paths, establishing rights to, for example,
same-sex marriage.
"Most
novel arguments crash and burn, but some soar," Professor Gerrard said.
"It's often hard to predict in advance which is which."
Links
- Global Warming Cited as Wildfires Increase in Fragile Boreal Forest MAY 10, 2016
- Wildfires, Once Confined to a Season, Burn Earlier and Longer April 13, 2016
- Environmental Activists Take to Local Protests for Global Results March 20, 2016
- How Much Warmer Was Your City in 2015? Feb. 19, 2016
- The Marshall Islands Are Disappearing Dec. 02, 2015
- Short Answers to Hard Questions About Climate Change NOV. 28, 2015
- Ruling Says Netherlands Must Reduce Greenhouse Gas Emissions JUNE 24, 2015
- Naomi Oreskes, a Lightning Rod in a Changing Climate June 16, 2015
- Flooded Village Files Suit, Citing Corporate Link to Climate Change FEB. 27, 2008