ENVIRONMENT: GLOBAL WARMING AND CLIMATE CHANGE : LAW: CASES : CHILDREN: Climate Change Litigation - The Children Win In Court

[David Dillard]

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ENVIRONMENT: GLOBAL WARMING AND CLIMATE CHANGE :

LAW: CASES :

CHILDREN:

Climate Change Litigation - The Children Win In Court

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Climate Change Litigation - The Children Win In Court

James Conca

Forbes

MAY 1, 2016 @ 06:00 AM

http://www.forbes.com/sites/jamesconca/2016/05/01/ 
climate-change-litigation-the-children-win-in-court/#1753a3c75dfe

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A shorter URL for the above link:

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http://tinyurl.com/h5psfjg

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Against all odds, the 21 children, ages 8 to 19, who are suing the
government to protect the environment against the harm of global warming
in their future, have won in court.

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Again.

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In a surprise ruling on Friday from the bench in the ongoing climate case
brought by these youths against the State of Washingtons Department of
Ecology, King County Superior Court Judge Hollis Hill ordered the
Department of Ecology to promulgate a carbon emissions reduction rule by
the end of 2016 and make recommendations to the state legislature on
science-based greenhouse gas reductions in the 2017 legislative session.
Judge Hill also ordered the Department of Ecology to consult with the
young plaintiffs in advance of that recommendation.

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The youths were forced back to court after the Department of Ecology
unexpectedly withdrew the very rulemaking efforts to reduce carbon
emissions that the agency told the judge it had underway in its previous
court appearance, an interesting sleight-of-hand from a state agency.

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The lawsuit brought by the youths alleges that the Federal Government is
violating the Plaintiffs constitutional and public trust rights by
promoting the use of fossil FOSL -0.09% fuels. The Complaint explains
that, for over fifty years, the United States Government and the Fossil
Fuel Industry have known that carbon dioxide from burning fossil fuels
causes global warming and dangerous climate change, and that continuing to
burn fossil fuels destabilizes the climate system.

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This case is one of several similar cases in federal district court in
Oregon, and in the state courts of North Carolina, Pennsylvania, Colorado,
and Massachusetts, all supported by Our Childrens Trust, seeking the legal
right to a healthy atmosphere and stable climate.

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Championed by Professor Mary Christina Wood in the Law School at the
University of Oregon under the idea of Atmospheric Trust Litigation, this
and several similar lawsuits claim that a government elected by the people
and for the people has a duty to protect the natural systems required for
the peoples survival.

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According to Wood, if both the executive and legislative branches fail in
that duty, then the judicial branch must intervene.

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Most importantly, the courts so far have unequivocally rejected all
arguments raised by the Federal Government and the Fossil Fuel Industry in
their Motions to Dismiss that seek to deny the youth their fundamental
rights under the constitution and public trust doctrine, and claimed that
the government has no duty to protect essential natural resources, such as
air and oceans.

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The complete article may be read at the URL above.

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David Dillard
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