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posted by martyb on Saturday November 03 2018, @08:09PM   Printer-friendly
from the cool-it dept.

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.

Also at TheHill and Reuters


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  • (Score: 2) by Runaway1956 on Sunday November 04 2018, @09:31AM (2 children)

    by Runaway1956 (2926) Subscriber Badge on Sunday November 04 2018, @09:31AM (#757542) Journal

    I just don't see that around here. It must be real, because I see it on Youtube, but I don't see it, even though I'm surrounded by rednecks.

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  • (Score: 0) by Anonymous Coward on Sunday November 04 2018, @01:00PM

    by Anonymous Coward on Sunday November 04 2018, @01:00PM (#757587)

    Got lots of rednecks in my neck of the woods too. I've seen actual rolling coal every now and then. Mostly I was searching for something to characterize the "macho" aspect of buying a Ford F-Teen Fifty. You can tell who has a truck like that because it's a needed tool, farmers for example, and who doesn't. Farmers would probably be interested in an EV truck and would certainly understand torque. The macho crowd, however, will avoid the things just because they're EV and EVs are for wusses.

    Plus as wind power becomes more accepted in the country, I'd think a lot of farmers may be interested in charging their farm equipment directly from windmills (never liked the word turbine, it's too industrial and not pastoral enough) on their property. Farmers are business people and engineers after all. If it's cheaper and more reliable, they'll be interested.

  • (Score: 0) by Anonymous Coward on Tuesday November 06 2018, @01:32AM

    by Anonymous Coward on Tuesday November 06 2018, @01:32AM (#758306)

    It must be real, because I see it on Youtube

    That is one of the (unintentionally) funniest things I have ever seen you post.