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Kids Win the Right to Sue the US Government Over Climate Change


From: "Dave Farber" <farber () gmail com>
Date: Thu, 17 Nov 2016 08:52:11 -0500




Begin forwarded message:

From: Dewayne Hendricks <dewayne () warpspeed com>
Date: November 17, 2016 at 5:07:18 AM EST
To: Multiple recipients of Dewayne-Net <dewayne-net () warpspeed com>
Subject: [Dewayne-Net] Kids Win the Right to Sue the US Government Over Climate Change
Reply-To: dewayne-net () warpspeed com

Kids Win the Right to Sue the US Government Over Climate Change
By Sarah Emerson
Nov 11 2016
http://motherboard.vice.com/read/kids-win-the-right-to-sue-the-us-government-over-climate-change

A bright speck of climate news was quickly overshadowed by the presidential election this week—America’s children 
have officially won the right to sue their government over global warming.
Yesterday, a lawsuit filed by 21 youth plaintiffs was ruled valid by US District Judge Ann Aiken in Eugene, Oregon. A 
group of citizens, whose ages range from nine to 20, charged President Obama, the fossil fuel industry, and other 
federal agencies with violating their constitutional rights by declining to take action against climate change.

“Federal courts too often have been cautious and overly deferential in the arena of environmental law, and the world 
has suffered for it,” wrote Judge Aiken in her ruling.

Along with renowned climate scientist James Hansen, who in 1988 pleaded with Congress to consider the harmful effects 
of greenhouse gas emissions, the youth group was applauded by activists who saw their lawsuit as a much-needed beacon 
of hope for future generations. In it, the plaintiffs accused the US government and energy trade industries of 
endangering their rights to life, liberty, property, and to vital public trust resources.

In 2015, the National Association of Manufacturers (NAM), the American Fuel & Petrochemical Manufacturers (AFPM), and 
the American Petroleum Institute (API), along with the US government, motioned for the case to be thrown out before 
US Magistrate Judge Thomas Coffin. Their opposition was based on a “lack of subject matter jurisdiction and failure 
to state a claim.” Judge Coffin rejected their motion, although the defendants appealed, and was later succeeded by 
Judge Aikin after his retirement.

From our colleagues at VICE: This Teenager Is Fighting Climate Change by Suing the Government

[snip]



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