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The Supreme Court just allowed a major climate lawsuit to go ahead
In a surprise decision late Friday, the Supreme Court cleared the way for Juliana v. US, a major lawsuit filed by young people against the US government for failing to limit the effects of climate change. The case may now go to trial in a lower court after the Supreme Court’s extremely unusual move last month to temporarily block the proceeding.
The case includes 21 plaintiffs between the ages of 11 and 22, who began testing the idea that a safe climate is a civil right when the suit was first filed in 2015. It argues that the US government pursued policies that harmed the climate, thereby robbing the children of a “climate system capable of sustaining human life.” As redress, they want the government to take action to fight climate change.
“The youth of our nation won an important decision today from the Supreme Court that shows even the most powerful government in the world must follow the rules and process of litigation in our democracy,” the plaintiffs said Friday in a statement. “We have asked the District Court for an immediate status conference to get Juliana v. US back on track for trial in the next week.”
A lower court ruled earlier this year the case could go to trial, and that trial was expected begin at the United States District Court in Oregon on Monday, October 29.
But then late last month, Supreme Court Chief Justice John Roberts issued a temporary stay of the case to consider a request from the Justice Department for a stay to halt the case. The Supreme Court’s temporary stay sent the plaintiffs scrambling to put together a brief in time to keep the case moving forward on schedule.
On Friday, the court denied the government’s request for a stay, though Justices Clarence Thomas and Neil Gorsuch would have granted the application, according to the court order. The Supreme Court also suggested that a federal appeals court should consider appeals on other grounds before the case heads to trial in district court.
The court, however, strongly suggests that interlocutory appeal of the district court's order on dispositive motions—in plain English, immediate appeal of some key legal questions before the trial—should happen. (Which would mean no trial unless that ruling is upheld on appeal.) pic.twitter.com/011vDPAucT
— Chris Geidner (@chrisgeidner) November 2, 2018
[...] For climate change activists, the courtroom is one of the few remaining options for enacting policies to limit greenhouse gases, as the White House scarcely acknowledges climate change and Congress remains deadlocked. The plaintiffs and the defendants in the children’s climate lawsuit will now prepare for trial, though a new date has not yet been set.
(Score: 3, Insightful) by c0lo on Sunday November 04 2018, @08:58AM (6 children)
It's so true! The fact that the air you breathe costs you nothing is outrageous, clearly you don't appreciate it well enough.
Someone should take ownership of air and then enter in voluntary contracts with the members of all species with an aerobic metabolism. That's the capitalistic way and, as such, the only Good Way™. Hang on, I think I've seen this documentary - it sucks. [youtube.com]
https://www.youtube.com/watch?v=aoFiw2jMy-0 https://soylentnews.org/~MichaelDavidCrawford
(Score: 0) by Anonymous Coward on Sunday November 04 2018, @12:47PM (1 child)
Ah! See, if the Spaceballs had been Spaceboobs instead, that tragedy would have never happened to Druidia! As we can see, men are not angels, and even Mr. Vim admits that only women have the angelic nature necessary for anarcho-capitalism to work! We must implement the Exterminate Men Angelic Contract System!
*grin*
(Score: 2) by c0lo on Sunday November 04 2018, @02:51PM
Yo! [youtube.com]
https://www.youtube.com/watch?v=aoFiw2jMy-0 https://soylentnews.org/~MichaelDavidCrawford
(Score: 2) by RandomFactor on Sunday November 04 2018, @02:47PM (1 child)
Folks in parts of China where clean air is not available certainly seem to appreciate it - https://www.telegraph.co.uk/news/worldnews/asia/china/12051354/Chinese-buy-up-bottles-of-fresh-air-from-Canada.html [telegraph.co.uk]
В «Правде» нет известий, в «Известиях» нет правды
(Score: 2) by dry on Monday November 05 2018, @01:49AM
It was like that here once, now that people take clean air for granted, it is called a job killer.
(Score: 2) by fido_dogstoyevsky on Sunday November 04 2018, @09:42PM (1 child)
And I've seen https://en.wikipedia.org/wiki/Oxygen_(Doctor_Who) [wikipedia.org] :)
It's NOT a conspiracy... it's a plot.
(Score: 2) by c0lo on Sunday November 04 2018, @11:00PM
https://www.youtube.com/watch?v=aoFiw2jMy-0 https://soylentnews.org/~MichaelDavidCrawford