Sunday, April 15, 2018

BIG DEAL: Here Comes Juliana v. US and states ... by gimleteye




You are going to be hearing a lot more about the federal and state lawsuits radiating around the plaintiffs' lawsuit.

"... the​ 21 young plaintiffs assert that the U.S. government, through its ​affirmative actions​ in creating a national energy system that cause climate change, has violated their constitutional rights to life, liberty, and property, and has failed to protect essential public trust resources.​ The case is one of many related legal actions brought by youth in several states and countries, all supported by Our Children’s Trust, and all seeking science-based action by governments to stabilize the climate system."

While Gov. Rick Scott and President Trump fritter away our futures, the evidence is piling up -- week by week -- that the science is right and the AltR demagogues are dead wrong. Read: "Earth’s Powerful, Climate-Shaping Water Currents Are Weak and Broken and It’s Time to Freak Out: The Gulf Stream current is at its weakest in 1,600 years, studies show."

Meanwhile, the kids are doing something about it. In Florida, you'll be hearing a lot more about Juliana, very soon.

For Immediate Release: April 12, 2018
Contacts:
Julia Olson, 415-786-4825, ​julia@ourchildrenstrust.org
Philip Gregory, 650-278-2957, ​pgregory@gregorylawgroup.com

JULIANA V. UNITED STATES ​CLIMATE TRIAL SET FOR OCTOBER 29, 2018

Eugene, Oregon -- During a public case management conference today, U.S. Magistrate Judge Thomas Coffin set October 29, 2018 as the trial date for ​Juliana v. United States​, the constitutional climate lawsuit brought by 21 young people and supported by Our Children’s Trust. The trial will be heard before U.S. District Court Judge Ann Aiken in Eugene, Oregon.

Julia Olson​, ​executive director and chief legal counsel of ​Our Children’s Trust​ and co-lead counsel for youth plaintiffs said:
“We have our trial date. In the coming months there will be depositions of the parties, defendants’ disclosure of their experts, and expert depositions in late summer. We will build a full factual record for trial so that the Court can make the best informed decision in this crucial constitutional case.”
DOJ attorneys representing the Trump administration told Judge Coffin that the trial date he set “won’t work” for defendants. They claimed they needed additional time to address expert witness reports and find rebuttal experts for every one of plaintiffs’ experts, to which Judge Coffin asked: “Where am I missing something? Given your admissions in this case, what is it about the science that you intend to contest with your rebuttal witnesses?”

The Court also made it clear that it is not going to make decisions on summary judgment motions before the full record at trial, despite defendants’ intentions to move to summary judgment prior to October 29.


Sophie Kivlehan​, 19-year-old plaintiff from Allentown, Pennsylvania said:
“It is a relief to see that the Court understands how imperative it is to get this trial underway as soon as possible, despite all of the delay tactics the U.S. government continues to try to use. I am so excited to have an official trial date on the calendar again so that we can finally bring our voices and our evidence into the courtroom!”
Phil Gregory​, of Gregory Law Group and co-lead counsel for the youth plaintiffs commented:
“By setting a trial date of October 29, 2018 the court clearly recognizes the urgency of the climate crisis. Further, the court stressed that the science should not be in dispute and that the case should be able to proceed in a streamlined fashion. On October 29th climate science will finally have its day in court and the plaintiffs will be ready.”
Jaime Butler​, 17-year-old plaintiff from Flagstaff, Arizona and a member of the Navajo Nation said:
“I am happy that the court is taking us and our case seriously, even though we’re young people. I’m excited to go to trial where I can represent other kids like me, not just Navajos but all Native Americans. Indigenous people feel the effects of climate change but a lot of them don’t have good representation. By representing people like me, I hope all indigenous people feel more respected and heard. We should all have an equal say in how the future should be and how we take care of it.”
Miko Vergun​, 16-year-old plaintiff from Beaverton, Oregon said:
“The Defendants keep making excuses but thankfully Judge Coffin sees the urgency of our case. I’m excited for October 29, our official trial date.”
 Jacob Lebel​, 21-year-old plaintiff from Roseburg, Oregon said:

“It’s amazing to have finally overcome the smokescreen delay tactics of the U.S. government and to be headed to trial with such amazing, strengthened momentum. A transparent and science-based trial is at the core of our judicial system and democracy, and will ensure that climate justice will be given the appropriate urgency and importance.”

Isaac Vergun​, 15-year-old plaintiff from Beaverton, Oregon said:

“We’re on track for October 29 and our attorneys are doing everything in their power to keep this case from getting delayed any further and they’re doing a great job. We keep jumping over hurdles and we can see the finish line.”

Juliana v. United States​ is ​not​ about the government’s failure to act on climate. Instead, the​ 21 young plaintiffs assert that the U.S. government, through its ​affirmative actions​ in creating a national energy system that cause climate change, has violated their constitutional rights to life, liberty, and property, and has failed to protect essential public trust resources.​ The case is one of many related legal actions brought by youth in several states and countries, all supported by Our Children’s Trust, and all seeking science-based action by governments to stabilize the climate system.

Counsel for Plaintiffs are Julia Olson, Esq. of Eugene, OR and Philip L. Gregory, Esq. of Gregory Law Group.

Our Children’s Trust​ is a nonprofit organization, leading a coordinated global human rights and environmental justice campaign to implement enforceable science-based Climate Recovery Plans that will return atmospheric carbon dioxide concentrations to below 350 ppm by the year 2100. We elevate the voice of youth, those with most to lose in the climate crisis, to secure the legal right to a healthy atmosphere and stable climate on behalf of all present and future generations. ​www.ourchildrenstrust.org/

Earth Guardians​ is a Colorado-based nonprofit organization with youth chapters on five continents, and multiple groups in the United States with thousands of members working together to protect the Earth, the water, the air, and the atmosphere, creating healthy sustainable communities globally. We inspire and empower young leaders, families, schools, organizations, cities, and government officials to make positive change locally, nationally, and globally to address the critical state of the Earth.​ ​www.earthguardians.org

4 comments:

Anonymous said...

Global warming has a lot more snow and blizzards than I thought.

Anonymous said...

Here is a clear explanation of why it's more complicated than snow and blizzards and record heat spells: http://www.realclimate.org/index.php/archives/2015/03/whats-going-on-in-the-north-atlantic/

Don't be fools. Educate yourselves.

Geniusofdespair said...

Water near the equator looking pretty hot.

Anonymous said...

Yes! Finally something about otc.