Climate cases brought by NGOs like “Our Children’s Trust” on behalf of children have gained traction in the last few years. Major victories in Hawaii and Montana prove the legal theories behind these cases can be viable. Cases have also been brought in other states including California and are currently working their way through the legal system. However, despite action at the state level, no serious federal case has emerged. Plaintiffs of a twice-dismissed federal lawsuit hope to change that by appealing directly to the US Supreme Court. The New York Times writes:
“On Thursday, the group filed a petition for what’s called a ‘writ of mandamus’ with the Supreme Court asking it to vacate the May ruling and send the case back to the district court to stand trial. The filing argued that the government had bogged down the case in procedural issues rather than letting it be decided on its merits.”
This could be seen as a legal “hail Mary” given the political makeup of the current court. Nonetheless, the effort – spearheaded by Our Children’s Trust – hopes the case will get its day in court. While state-level victories have been encouraging, a federal case would be game-changing. The suit alleges that the United States is violating Plaintiffs’ constitutional rights by pursuing energy policy based on fossil fuel production and use, despite alleged harmful effects of CO2 emissions. If the Plaintiffs succeed, the federal government would have to alter the way it approaches energy and adopt new national policy.
Our members can learn more about climate litigation here.
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