In Oregon and Five Other States, Youth Are Making Legal Cases for Climate Action

picture-27590-1573696804.jpg
on

The Oregon Supreme Court heard arguments Wednesday, November 13 to decide the fate of one of a half dozenย state-level climate lawsuits filed on behalf of American youth. The plaintiffs in the Oregon case, appealing a state appellate court decision in January, charge that the state has a public trust obligation to protect the atmosphere on behalf of futureย generations.

The case, Chernaik v. Brown, is being closely watched by legal, governmental, and advocacy interests from across the state, who have argued its merits and advocated for climate remedies on behalf of youth. In June, as previously, dozens of public agencies, advocacy groups, a regional chapter of the NAACP, and two local governments filed friend of the court briefs in support of theย plaintiffs.

The case was also being closely watched by youth on Wednesday. The hearing was held in front of an audience of 322 students from high schools in and around Portland. The Oregon Supreme Court regularly holds hearings at schools as part of the Classroom Law Project, a charity effort to champion legal education. Joe Cornett, a teacher at David Douglas High School, said the climate case was chosen for its relevance toย youth.

In Oregon, Students See the Legal Process upย Close

Chernaik v. Brown was filed against the state of Oregon eight years ago by Olivia Chernaik, now 19, and Kelsey Juliana, 23, and their mothers. Governor Kate Brown is now the namedย defendant.

Their attorney, Courtney Johnson, argued the climate crisis is urgent, its effects are already harming the plaintiffs, and the court should declare the state has a duty to protect the atmosphere, in effect ordering action to reduce greenhouse gas emissions to a scientifically safeย level.

โ€œWeโ€™re not asking for a specific process here. There really are a number of things the state can do,โ€ Johnson said. The stateโ€™s lawyer countered that any court directive ordering the state to aim for scientific targets would be a judicialย overreach.

While the debate covered the finer points of whether the court should or should not compel the state to act on climate change, at least some students seemed more interested in the courtโ€™s decision than theย arguments.

The first question following the hearing was this one: โ€œIf I were to come to present my case, would the wording be better if I were to say โ€˜climate crisis?โ€™ Would that be moreย persuasive?โ€

Aminah Yusuf, a senior at David Douglas High School, said she was anxious to know the courtโ€™s decision. โ€œI want to see how much they care about their citizens,โ€ she said, noting Oregon could lead state-level climate action with the courtโ€™sย ruling.

The scene was illustrative of the increasing disconnect between young peopleโ€™s deep concern about climate change and the dispassion with which American systems have addressed those concerns. In one stark moment, the stateโ€™s attorney argued those unhappy with climate policy could simply vote for new leadership, an option that eludes a majority of the youngย audience.

And a question from one justice about how much Oregon could do about climate change, really, when India and China and the rest of the country were also polluting, mirrored language federal officials have used to justify withdrawing the nation from the Parisย Agreement.

In a press conference following the stateโ€™s arguments, Juliana challenged Governor Brown for fighting the youth in court. Brown has expressed support for climate legislation but her administration has failed to meet its voluntary greenhouse gas reduction targets, or to adopt more stringent mandatoryย policies.

Asked the difference between battling the left-leaning Brown and President Trump in court, Juliana, who is also the namesake of the federal youth climate lawsuit Juliana v. the U.S., answered: Not much. โ€œIt feels a little similar,โ€ she said.ย ย 

American Youth v. Climateย Change

The case is one in dozens filed across America against the federal and state governments on behalf of youth. It is part of a largely pro-bono effort coordinated by Our Childrenโ€™s Trust, an Oregon-based nonprofit, in partnership with attorneys nationwide and also abroad. The plaintiffs in this case are represented by Crag Lawย Center.

The legal theory underpinning Chernaik v. Brown and other youth climate litigation derives from the public trust doctrine โ€” the concept that natural resources are held in trust by governments that must protect them. It dates back to Roman times but has been asserted in American courts, mostly in cases to do with navigable waterways, and notoriously when the Supreme Court stopped the state of Illinois from giving the shore of Lake Michigan to a railroadย company.

Youth vs. Gov climate lawsuit rally mural of earth in San Franscisco
October 29, 2018, San Francisco,ย โ€œThe Fierce Urgency of Nowโ€ Youth vs. Gov rally supporting the federal case Juliana v. U.S.
Credit: Peg Hunter,ย CC BYNCย 2.0

The American judiciary has had mixed reactions to the approach, with numerous courts rejecting the idea that governments have an obligation to act on behalf of assets like the atmosphere. Judges have been more receptive to arguments that the federal and some state governments are active promoters of the fossil fuel economy, which promotes climate change and causes harm toย youth.

In all, there are six states where such climate litigation is active. Of those, two โ€” Alaska and Oregon โ€” are now pending before state supreme courts, a Washington case is in the Court of Appeals, and cases in Florida and North Carolina have petitioned state environmental commissions for new rules. In Colorado, the state Supreme Court ruled in favor of the plaintiffs, but the stateโ€™s legislature subsequently changed the relevant law. Those plaintiffs are now involved in rulemaking to secure theirย rights.

โ€œI think Alaska, Washington, Florida are really the model,โ€ said Nate Bellinger, the state program manager for Our Childrenโ€™s Trust, referring to cases that target government policies that promote fossil fuels and inadequate greenhouse gas emissions targets. He said the cases are โ€œclarifying that states arenโ€™t just sitting there, idly letting climate change happen,โ€ rather, they are โ€œacting to promote the fossil fuel energy system and setting targets that are legalizing dangerous levels of greenhouse gasย emissions.โ€

Main image:ย October 2018 rally outside the 9th Circuit Court of Appeals in San Francisco in support ofย the 21 youth in the federal constitutional climate lawsuit Juliana v. United States. Credit: Peg Hunter,ย CC BYNCย 2.0

picture-27590-1573696804.jpg
Lee van der Voo is a journalist based in Oregon. Her forthcoming book about youth and climate change, As The World Burns, is scheduled for release by Timber Press inย 2020.

Related Posts

on

Was the environmental monitoring for the Crescent Midstream oil spill as robust as regulators claim?

Was the environmental monitoring for the Crescent Midstream oil spill as robust as regulators claim?
on

MetropolitanRepublic enlisted social media influencers to promote giant oil project as climate campaigners suffered beatings and arrests.

MetropolitanRepublic enlisted social media influencers to promote giant oil project as climate campaigners suffered beatings and arrests.
on

Federal lawsuit alleges EPAโ€™s rules on ethylene oxide and chloroprene emissions rely on weak industry estimates rather than real-world data on risks to health.

Federal lawsuit alleges EPAโ€™s rules on ethylene oxide and chloroprene emissions rely on weak industry estimates rather than real-world data on risks to health.
on

A new parody ExxonMobil advertisement mocks humanity for letting Big Oil get away with causing one of the biggest existential threats of all time.

A new parody ExxonMobil advertisement mocks humanity for letting Big Oil get away with causing one of the biggest existential threats of all time.