Sign In or Create an Account.

By continuing, you agree to the Terms of Service and acknowledge our Privacy Policy

Politics

The Climate Lawsuit Three Presidents Tried to Kill Is Finally Going to Court​

“The judiciary is capable and duty-bound to provide redress for the irreparable harm government fossil fuel promotion has caused.”

•
A child on courthouse steps.
Heatmap Illustration/Getty Images

In the last days of 2023, Judge Ann Aiken of the U.S. District Court for the District of Oregon ended an argument that had lasted eight years and three presidential administrations. Juliana v. United States, a groundbreaking climate case filed by a group of twenty one young plaintiffs in federal court, could finally go to trial.

“The judiciary is capable and duty-bound to provide redress for the irreparable harm government fossil fuel promotion has caused,” Aiken wrote in her opinion. “Some may balk at the Court’s approach as errant or unmeasured, but more likely than not, future generations may look back to this hour and say that the judiciary failed to measure up at all. In any case over which trial courts have jurisdiction, where the plaintiffs have stated a legal claim, it is the proper and peculiar province of the courts to impartially find facts, faithfully interpret and apply the law, and render reasoned judgment. Such is the case here.”

This might sound a bit familiar to regular readers of Heatmap; last year, I wrote about Held v. Montana, a case in Montana filed by youth plaintiffs who argued that the state government was violating their constitutional right to a clean and healthful environment by ignoring the environmental impacts of energy projects. The judge in that case, Kathy Seeley, ruled in the plaintiffs’ favor in August.

There are certainly some similarities between the cases: Both groups of plaintiffs, for example, are represented by Our Children’s Trust, a nonprofit law firm that’s filed youth climate cases around the country; and both cases hinged on the idea that a failure to mitigate climate change is a violation of plaintiffs’ rights. But Held is a state-level case, and its ramifications will only be felt in Montana. Juliana, on the other hand, is going through the federal court system, and could eventually end up in front of the U.S. Supreme Court.

At issue, in the simplest terms, is whether the U.S. government has a duty to protect the climate for public use, and whether its friendliness towards fossil fuels violates that duty. A win — however unlikely it may be — would give environmental advocates an incredibly powerful tool for future climate action: federal precedent.

The case has had a long journey. “This path to justice has been over eight long years in coming,” said Julia Olson, OTC’s founder and Chief Legal Council, in a statement. “Finally, in 2024, the Juliana plaintiffs will have their long-awaited trial and the federal government’s fossil fuel energy system will be measured and judged by the fundamental constitutional rights of these youth. Our democracy will be stronger for it.”

Not that the government is going to go down easy. “Each administration has had its own defense strategy,” James May, founder of the Global Environmental Rights Institute at Widener University Delaware Law School, told me. The case has bounced around between courts in part because of an idea known as “redressability,” May told me — in essence, whether or not the judiciary can provide redress to the plaintiffs.

The Obama administration tried to have the case dismissed on standing, saying that climate change was a matter to be addressed by the political branches of government. After that failed, the Trump Justice Department tried accusing lower courts of overreach in considering the case at all, an argument that also failed to move judges. The plaintiffs amended their complaint in 2021, by which point the case was in front of Biden’s DOJ. The Biden administration revisited Obama-era tactics, refashioning them to claim that the judiciary was not able to provide the plaintiffs with a remedy.

Aiken remained unmoved. “That unnecessarily narrow view overlooks one clear and constitutional path to shielding future generations from impacts of the onslaught of environmental disaster: that it is the responsibility of the judiciary to declare the law that the government may not deprive the People of their Constitutional guarantee of the God-given right to life,” she wrote.

May, for his part, agrees with Aiken — the court doesn’t have to figure out a fix for climate change, he said; all it has to do is decide if there’s been a constitutional violation, which would be a form of redress itself.

The mere fact that this case could go to trial puts the Biden administration in an awkward position. The plaintiffs filed their case in 2015, and the basic argument they made was that the U.S. government’s policies should align with the goals set out in the Paris Agreement of that same year. “So if the Biden administration fights this case, then it will raise questions about how committed it is to addressing climate change,” May told me. “But if it doesn’t, it will have to defend a brand new constitutional claim that nobody [outside of this district court in Oregon] has recognized. And the Department of Justice is unlikely to be comfortable with that.”

Olson gave some color on her team’s interactions with the Biden administration to Jacobin for a 2022 article. “I have asked [them] very directly, if we win this motion, and we can move forward with the case, do you intend to go to trial?” she said. “Their response has always been something along the lines of, ‘It is our position that the court doesn’t have jurisdiction and that this case should never go to trial.’” The Biden administration, the article said, didn’t respond to Jacobin’s requests for comment.

Some environmental activists worry that losing in front of a Supreme Court packed with conservative justices could be a blow to the environmental justice movement at large, but May thinks otherwise. “The plaintiffs are kind of playing with house money,” he said. “If they lose before the Supreme Court, so what? That kind of a [constitutional] claim has never been recognized. There has to be a first time you try it.”

Green

You’re out of free articles.

Subscribe to access Heatmap's exclusive climate and energy polling, award-winning journalism, and subscriber-only events. Save $57 on an annual subscription, just $156 $99/year.
To continue reading
Create a free account or sign in to unlock more free articles.
or
Please enter an email address
By continuing, you agree to the Terms of Service and acknowledge our Privacy Policy
AM Briefing

Pump and Trump

On OpenAI’s pledge, power plant emissions, and Kazakh tungsten

A gas station.
Heatmap Illustration/Getty Images

Current conditions: The polar vortex that keeps air circulating around the North Pole collapsed months ahead of schedule, threatening to send frigid temperatures southward • India’s east coast Andhra Pradesh state is facing down yet another major storm as Severe Cyclone Murasu makes landfall • The catastrophic atmospheric river over the American Southwest has dumped more than 20 trillion gallons of water across Arizona, Colorado, New Mexico, and Utah.


THE TOP FIVE

1. Gas prices hit a record high on the eve of America’s midterm elections

The average price of a gallon of gasoline during President Donald Trump’s second term topped $3.46 as of Monday, a record that exceeds the previous high set under the Biden administration. That’s according to a new analysis by the Financial Times. And that’s just the average across the past 22 months. The average price nationwide on November 2 clocked in at just under $4.17 per gallon. “If modern living boiled down to a price, it’s the price at the pump,” Bob McNally, a former energy advisor to the George W Bush administration and president of consultancy Rapidan Energy, told the newspaper. “Whether a voter is filling up that day or not, it’s likely that they see a pump price.”

Keep reading...Show less
Red
Daily Briefing

Think Congress Is Slow? Meet the Power Sector.

BAAJA would likely help speed up the U.S. transmission buildout, but there’s a chance we’re undercounting the benefits.

Power lines.
Heatmap Illustration/Getty Images

This is Heatmap Daily, a weekday digest written by our executive editor. Subscribe here.

As you may have seen, my colleague Emily Pontecorvo and I got the first look at the Rhodium Group’s analysis of what the bipartisan permitting bill will do to emissions.

Keep reading...Show less
Blue
AM Briefing

Neutral, at Worst

On Chinese hydrogen, Fermi upheaval, and British offshore wind

Smokestacks.
Heatmap Illustration/Getty Images

Current conditions: The Pineapple Express, an atmospheric river originating in the Pacific near Hawaii, is arriving in the Southwest laden with heavy rain that’s set to flood the region • Indonesia has the worst air quality in the world as forest fires rage along Sumatra’s southern coast • A cross-country storm will soak much of the United States on Tuesday’s Election Day.


THE TOP FIVE

1. Permitting bill’s worst-case climate scenario is still carbon neutral

The Senate’s grand compromise to simplify federal permitting on energy projects would likely drop emissions slightly as the benefits to accelerating deployments of clean energy infrastructure outweigh the boost the legislation could give to fossil fuels. Even under the worst-case scenario, emissions remain on the same trajectory as today. That’s according to a hotly anticipated new analysis by the Rhodium Group, the consultancy whose U.S. emissions estimates are among the most widely cited in American politics. The report, shared first with my colleague Emily Pontecorvo, found that provisions in the Bipartisan American Affordability and Jobs Act largely counteract each other on climate. The bill makes building transmission lines much easier, a key step to patching more renewables onto the grid. But it also makes new gas pipelines simpler to permit, clearing the way for a buildout of the infrastructure for the fossil fuel already dominating U.S. electricity and heating systems. Still, under the best-case scenario, the legislation could cut U.S. economy-wide emissions by 5% below where they would otherwise go in 2040. The bill could also slash energy bills by $78 per year and support construction of more than 200 gigawatts of clean energy capacity, as compared to a world where it didn’t pass. The Rhodium report is at least the second analysis yet to find that the bill could modestly lower emissions. The first, as I reported last week, came from the think tank Resources for the Future, which saw a slight drop in power-sector emissions relative to a world without BAAJA.

Keep reading...Show less
Blue