Hartford Courant

Despite loss, ‘Climate Kids’ changed the conversati­on

- By Paul Rink Paul Rink is a recent graduate of Yale Law School and Yale School of Forestry and Environmen­tal Studies. He has conducted legal research and writing for Juliana v. U.S. for academic credit and as a summer legal fellow for Our Children’s Trus

On Jan. 17, the Ninth Circuit Court of Appeals “reluctantl­y” dismissed the climate case Juliana v. U.S. For those of us who care deeply about combating climate change, this decision is dishearten­ing.

Yet regardless of the legal outcome, the Juliana lawsuit has already had significan­t impact by reframing the national conversati­on around climate change.

Twenty-one young plaintiffs, including Kelsey Juliana, sued the government in 2015 for actively perpetuati­ng a fossil-fuelbased energy system that causes climate change, thus violating their constituti­onal rights to life, liberty, and property. With this lawsuit, these “Climate Kids” establishe­d a foundation for what has become the modern youth climate movement. Even further, they have shifted (for the better) the way courts and the general public think about climate change.

Several aspects of the Juliana v. U.S. case have helped facilitate this shift. For one, the Climate Kids have put forth an incredibly compelling ethical narrative. They argue that all of us living today have a moral obligation to respect the rights of young people and unborn generation­s to an atmosphere that can support their future existence. They further allege that the U.S. government has failed to live up to this obligation by facilitati­ng fossil fuel exploratio­n and developmen­t despite knowing for decades that these energy sources have a negative impact on our climate system.

The legal arguments in Juliana v. U.S. are quite different from those found in previous climate change cases. Other plaintiffs have sought monetary compensati­on from fossil fuel companies for climate changerela­ted property damages, whereas the Climate Kids seek recognitio­n of their fundamenta­l rights. Rather than suing companies directly, they demand that the federal government stop supporting the fossil fuel industry and instead implement a plan to phase out fossil fuels from the U.S. economy.

Despite its unpreceden­ted approach, Juliana v. U.S. saw early success in the courtroom. In a 2016 district court opinion, Judge Ann Aiken expressed “no doubt that the right to a climate system capable of sustaining human life is fundamenta­l to a free and ordered society.” Such a fundamenta­l right had never been recognized in a U.S. court of law prior to this statement.

The Ninth Circuit decision last week conceded that the youth plaintiffs “compiled an extensive record” establishi­ng government responsibi­lity for actively contributi­ng to climate change. The Ninth Circuit judges ultimately dismissed the case only because they felt the judiciary is ill-equipped to address the problem, punting responsibi­lity to legislativ­e and executive branches of government.

Initiating such a seismic shift in thinking around climate change has launched Juliana v. U.S. into a larger cultural moment of marginaliz­ed groups standing up to institutio­ns of power. Just as #blacklives­matter and #timesup elevate the voices of Black Americans and sexual harassment survivors, respective­ly, Juliana v. U.S.’s correspond­ing hashtag #youthvgov elevates the voices of young people.

Much like these other social movements, Juliana v. U.S.’s cultural impacts have rippled out far beyond those immediatel­y involved in the case. In October 2018, #youthvgov rallies were held all over the country in support of the Juliana youth plaintiffs. In addition, Juliana v. U.S. has helped fuel the fire driving youth-led climate initiative­s such as the Sunrise Movement and the FridaysFor­Future global climate strikes originally initiated by Greta Thunberg in August 2018.

Of course, Juliana v. U.S. also carries risks for the climate movement. Many within the legal community have long considered the case to be a long shot. Now that the case has been dismissed, they worry that it may establish legal precedent that could work against future climate change litigation.

At the same time, past court cases that initiated widespread systemic change often carried similar risks. Brown v. Board of Education, the case that prohibited legally mandated school segregatio­n, and Obergefell v. Hodges, which recognized same-sex marriage as a constituti­onal right, both threatened to set their respective civil rights’ movements back if they failed. In fact, appellate court judges ruled against the plaintiffs in both cases before being reversed by the Supreme Court.

As these cases demonstrat­e, intrepid plaintiffs and clever lawyers have changed our society in the past through willful perseveran­ce often in the face of long odds. The lawyers and plaintiffs behind Juliana v. U.S. are demonstrat­ing similar persistenc­e despite this recent courtroom roadblock.

A co-counsel for the case, Julia Olson, has stated that the plaintiffs “will be asking the full court of the Ninth Circuit to review this decision and its catastroph­ic implicatio­ns for our constituti­onal democracy.” Olson and the other lawyers behind the case have already filed similar cases in jurisdicti­ons around the country.

What’s more, Juliana-inspired court cases have been popping up all over the world. In 2018, youth plaintiffs successful­ly sued the Colombian government for contributi­ng to climate change and threatenin­g their constituti­onal rights. The judge ordered the government to establish an intergener­ational pact for the protection of the Colombian Amazon rainforest. On Oct. 25, 2019, 15 Canadian children made similar claims in the lawsuit La Rose v. Her Majesty the Queen. Clearly, the legal language of Juliana v. U.S. translates well internatio­nally.

Perhaps no one can capture the galvanizin­g, conversati­on-reframing essence of Juliana v. U.S. better than Olson herself. “When our great-grandchild­ren look back at the twenty-first century, they will see that government-sanctioned climate destructio­n was the constituti­onal issue of this century.” They will also see that the Juliana youth plaintiffs were on the right side of history.

 ?? CHRIS PIETSCH/THE REGISTER-GUARD VIA AP ?? Lawyers and youth plaintiffs line up behind a banner after a hearing in 2018 before Federal District Court Judge Ann Aiken between lawyers for the Trump Administra­tion and the so-called “Climate Kids” in Federal Court in Eugene, Ore.
CHRIS PIETSCH/THE REGISTER-GUARD VIA AP Lawyers and youth plaintiffs line up behind a banner after a hearing in 2018 before Federal District Court Judge Ann Aiken between lawyers for the Trump Administra­tion and the so-called “Climate Kids” in Federal Court in Eugene, Ore.

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