A federal court of appeals has quashed a 2015 climate change lawsuit filed by 21 young people to force the US government to take climate change more seriously.
The Court of Appeals dismissed the climate change lawsuit saying that the children did not have legal standing to bring the landmark case before the court.
Judge Andrew D. Hurwitz held that the plaintiffs had made a compelling case that more aggressive action is needed to slash the greenhouse gas emissions that contribute to global warming.
However, the three-judge panel of the US Court of Appeals for the 9th Circuit ruled 2 to 1 that the courts were not the place to request such action.
Judge Hurwitz said:
We reluctantly conclude, however, that the plaintiffs’ case must be made to the political branches or to the electorate at large, the latter of which can change the composition of the political branches through the ballot box.
The lawsuit, called Juliana v. the United States, was originally filed in 2015 against President Obama administration.
The climate change lawsuit later shifted to the Trump administration, which has reportedly worked tirelessly to derail the US government from combating climate change and to boost domestic fossil fuel production as part of its “energy dominance” agenda.
Our Children’s Trust filed it, asserts that the federal government is violating the plaintiffs’ constitutional rights to life, liberty, and property by promoting fossil fuel production and failing to take action on climate change.
Notably, all the judges on the panel were all appointed by former President Barack Obama.
Kelsey Juliana, the lead plaintiff in the climate change lawsuit, said they filed the suit because the planet doesn’t time, and action has to be taken now.
Climate change lawsuit battle to continue
The plaintiff, Our Children’s Trust, vowed to continue its legal battle by asking the full 9th Circuit to review the decision, and it will refile its climate change lawsuit.
Julia Olson, the attorney for the plaintiffs and executive director of Our Children’s Trust, in an interview, emphasized the fact that the organization would not relent in its push for accountability from the US government on climate change.
She stated, “this is far from over,” and added that the judiciary could not act as a check on two branches that are causing an existential threat to the lives of these young plaintiffs.
Olson further stated there is an urgency to move the case forward as quickly as possible, given the intensifying impacts of climate change.
Recent increase in climate change activists
Last year saw a considerable increase in the number of climate change activists clamoring for the government to put in place a better structure to tackle climate change.
Some of the notable ones include Greta Thunberg, the 16-year-old Swedish climate activist, sparked a massive online response when she delivered a scathing speech at the United Nations General Assembly to shame leaders from around the world for their inaction on climate change.
Jamie Margolin, a 17-year-old who began organizing lobbying efforts and public demonstrations at the age of 14 in her hometown.
Margolin founded “Zero Hour,” a youth-led climate action group that seeks to emphasize the urgency of the effects of climate change on communities across the world and organizes marches, summits, and demonstrations put on in partnership with other youth organizations, including their July youth summit in Miami and September’s Global Climate Week of Action.