Massive Victory for 7 Kids in Climate Change Lawsuit in Washington State

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This is a guest post by Our Children’s Trust originally published on EcoWatch

Today, in a surprise ruling from the bench in theย critical climate caseย brought by youths against the State of Washingtonโ€™s Department of Ecology, King County Superior Court Judge Hollis Hill ordered theย Department of Ecology to promulgate an emissions reduction rule by the end of 2016 and make recommendations to the state legislature on science-based greenhouse gas reductions in the 2017 legislative session.

Judge Hill also ordered theย Department of Ecologyย to consult with the youth petitioners in advance of that recommendation. The youths were forced back to court after theย Department of Ecology unexpectedly withdrew the very rulemaking efforts to reduce carbon emissions the agency told the judge it had underway. This case isย one of several similarย state, federal and international cases, all supported byย Our Childrenโ€™s Trust, seeking the legal right to a healthy atmosphere and stableย climate.

โ€œFor the first time, a U.S. court not only recognized the extraordinary harms young people are facing due toย climate change, but ordered an agency to do something about it,โ€ Andrea Rodgers, the Western Environmental Law Center attorney representing the seven youths, said. โ€œEcology is now court-ordered to issue a rule that fulfills its constitutional and public trust duty to ensure Washington does its part to reduce greenhouse gas emissions and protect the planet.โ€

In granting the youth a remedy, Judge Hill noted the extraordinary circumstances of the climate crisis, saying, โ€œThis is an urgent situation โ€ฆ these kids canโ€™t wait.โ€ The court discussed the catastrophic impacts of climate destabilization globally, including the impending loss ofpolar bearsย and low-lying countries like Bangladesh. The court explained that while it had no jurisdiction outside of Washington state, it did have jurisdiction over theย Department of Ecology and would order the agency to comply with the law and do its part to address theย crisis.


โ€œIt was absurd for Ecology to withdraw its proposed rule to reduce carbon emissions,โ€ petitioner Aji Piper, who isย also a plaintiffย on the federal constitutional climateย lawsuit, supported by Our Childrenโ€™s Trust, said.ย โ€œEspecially after Judge Hill declared last fall that our โ€˜very survival depends upon the will of [our] elders to act now โ€ฆ to stem the tide of global warming.โ€™ I think Ecology should be ashamed by its reversal of potentially powerful action and today, Judge Hill issued a significant ruling that should go down in history books. Our government must act to protect our climate for benefit of us and future generations.โ€

After aย landmark November, 2015 decision, in which Judge Hill found that the state has a โ€œmandatory dutyโ€ to โ€œpreserve, protect and enhance the air quality for the current and future generationsโ€ and found the stateโ€™s current standards to fail that standard dramatically, theย Department of Ecology nonetheless unilaterally withdrew its proposed rule to reduce carbon emissions in the state in February, just months after Judge Hill specifically underscored the urgency of the climate crisis.

โ€œThis case explains why youth around this country and in several other countries, are forced to bring their governments to court to secure a healthy atmosphere and stable climate,โ€ Julia Olson, executive director and chief legal counsel at Our Childrenโ€™s Trust, said. โ€œDespite clear scientific evidence and judicial recognition of the urgency of the climate crisis, Washington and most governments across the U.S. and other countries are failing to take correspondingly urgent, science-based action. That failure unfairly consigns youth to a disproportionately bleak future against which they can only reasonably ask the courts to step in to address this most time sensitive issue of our time.โ€

Related casesย brought by youth to protect the atmosphere are pending before other U.S. courts in theย federal district court in Oregonย and in the state courts of North Carolina, Pennsylvania,Colorado, Massachusetts and Oregon.

โ€œThis is a massive victory,โ€ petitioner Gabe Mandell said.

Blog image:ย Five of the seven youth petitioners with their attorney, Andrea Rodgers, after the hearing today. Photo credit: Our Childrenโ€™sย Trust

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