Federal judge denies Trump administration appeal in youth climate lawsuit
A federal judge has denied the Trump administration’s appeal in a climate change lawsuit, paving the way for the unprecedented suit to go to trial.
The case — Juliana v. United States — pits a group of youth climate plaintiffs against the federal government and the fossil fuel industry. The plaintiffs allege that the federal government, through its actions and coordination with the fossil fuel industry, have violated their constitutional right to a livable climate. It is the first climate lawsuit to rely on a version of the public trust doctrine — known as atmospheric trust — to make its case, and adds to a growing number of attempts to force climate action through the judicial branch.
The lawsuit was initially filed in August of 2015, against the Obama administration. The Obama administration, as well as three fossil fuel industry groups as intervenors, all filed motions to have the lawsuit dismissed, which was denied in November by U.S. Federal Judge Ann Aiken. In February, after President Donald Trump was sworn in, the youth plaintiffs filed notice with the court that they would be replacing Obama with Trump.
Following that notice, the Trump administration, again joined by fossil fuel intervenors, filed motions to appeal Aiken’s decision to let the trial move forward. The administration also argued that an earlier request, which asked the government to retain records of communication with fossil fuel companies about climate change, was overly burdensome.
https://thinkprogress.org/youth-climate-lawsuit-trump-appeal-denied-db0f6a811c08
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