Could a group of youth succeed in making the U.S. government pay for ignoring the perils of fossil fuels?
Creativity fuels some of the best efforts to save the environment. One of these efforts is underway now in U.S. District Court of Oregon, with a trial scheduled to begin on February 5, 2018. Twenty-one youth plaintiffs under the name “Our Children’s Trust,” are suing the federal government for promoting fossil fuels, despite knowing they destroy the climate. The case was first filed in 2015 against the Obama administration.
Our Children’s Trust, with support from Earth Guardians as an organizational plaintiff, has based its case on the Public Trust Doctrine.
This doctrine is not words on paper. It’s a concept going back to Roman times when society agreed that common resources like air and water belong to everyone. It promotes that government is a trustee that cannot give natural resources to private ownership. It must safeguard them for all.
Sound like wishful thinking? Even in the capitalist United States, public trust principles have prevailed in court — more than once. In 1892 the U.S. Supreme Court ruled that the Illinois legislature had no authority to give Lake Michigan’s shoreline to a private railroad because the state did not own the property. More recently, the Pennsylvania Supreme Court cited the Public Trust Doctrine to allow Robinson Township to ban fracking to protect its water supply.
With success applied to shorelines and water, Our Children’s Trust sees that protection of the atmosphere is an obvious responsibility of government.
A stretch? The League of Women Voters of the U.S. are among those who don’t think so. The League submitted amicus briefs in support of the youth plaintiffs, whose voices, the League points out, are diminished in representative government because of their inability to vote. Also supporting the plaintiffs is renowned climate scientist Dr. James Hansen, author of the book “Storms of My Grandchildren.”
After two years of objections from first the Obama Administration, and now the Trump Administration — and of course the fossil fuel lobby — motions have been rejected to dismiss the case. Fossil fuel industry defendants were released, but the trial date was set for February 5, 2018 in U.S. District Court of Eugene, Oregon. Oral arguments were heard on December 11th. Since then, justices have resigned and been replaced. The plaintiffs wait for the Ninth District Court of Appeals to lift the stay so they can get a new trial date.
To follow the story of these brave youth, search news for Julianna vs. the United States.
This won’t be the last we hear from Our Children’s Trust. While this case is a landmark, the group is involved in other grassroots and international efforts to protect climate. They welcome your support at OurChildrensTrust.org.
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This is the text version of radioBANG episode 1801, available on SoundCloud and iTunes and on non-commercial radio stations. BANG=Bringing Awareness to a New Generation with inspiring news and solutions in sustainability from around the globe.
