Good climate litigation news from the U.S.!
In a case that began in 2015 and still has yet to go to court, 21 youth plaintiffs are suing the U.S. government for violating their constitutional rights to life, liberty, and property, by subsidizing fossil fuels.
On December 29, 2023, Judge Ann Aiken denied the U.S. government’s motion to dismiss, which means that the case is now finally set to go to court.
Why was the ruling so important?
Consider the below quote, which was written by Judge Ann Aiken.
“where a complaint alleges governmental action is affirmatively and substantially damaging the climate system in a way that will cause human deaths, shorten human lifespans, damage property, threaten human food sources, and dramatically alter the planet’s ecosystem, [there is a base for the claim] […] To hold otherwise would be to say that the Constitution affords protection against a government’s knowing decision to poison the air its citizens breathe or the water its citizens drink”
In the below article, I unpack some of the legal concepts addressed in the ruling.
#ClimateLitigation #Landmark #Litigation
In an ongoing case since 2015, 21 youth plaintiffs sued the U.S. government for constitutional rights violations linked to fossil fuel subsidies.
On December 29, 2023, Judge Ann Aiken's denial of the government's dismissal motion signifies the case's imminent progression to court.
Quote from the ruling by Judge Ann Aiken:
“where a complaint alleges governmental action is affirmatively and substantially damaging the climate system in a way that will cause human deaths, shorten human lifespans, damage property, threaten human food sources, and dramatically alter the planet’s ecosystem, [there is a base for the claim] […] To hold otherwise would be to say that the Constitution affords protection against a government’s knowing decision to poison the air its citizens breathe or the water its citizens drink”
Full article below.
#ClimateJustice #EnvironmentalLaw #Litigation
https://lnkd.in/e6z5rHNt
Landmark Update in Juliana v. United States
climate-court.com