Juliana v. United States: the battle heats up

My earlier post dated January 19th, outlined ‘Juliana v. United States’,  the youth climate lawsuit. The suit claims that the federal government, because of its ongoing failure to limit fossil fuel extraction and use, has violated the young people’s constitutional rights to life, liberty, and property, and failed to protect the country’s public-trust resources. The case is currently held up in the Ninth Circuit Court of Appeals following an appeal by the government, the latest of many attempts by the Trump administration to derail the action.

Photo: James R. Browning Courthouse, San Francisco CA
James R. Browning Courthouse, Ninth Circuit Court of Appeals, San Francisco CA. Image: Google

On February 4th., the court agreed to begin hearings on the government’s appeal next June, in Portland, Oregon. Also on February 4th., Donald Trump nominated David Bernhardt to head the U.S. Department of the Interior. Bernhardt had become acting head following the departure of scandal-plagued Ryan Zinke.

Photo of David Bernhardt
David Bernhardt. Photo credit: D. Zalubowski/AP

It’s expected that Mr. Bernhardt, a former fossil fuel industry lobbyist, will continue to work on advancing  the President’s “energy dominance” agenda for the country. According to the New York Times, this has already involved “some of the largest rollbacks of public-land protections in the nation’s history . . .  opening millions of acres of public land and water to oil, gas and coal companies.” The Guardian of Dec. 16, 2018 quotes Natural Resources Defense Council’s Bobby McEnaney: “It’s not so much who [Mr. Bernhardt] has helped, it’s who hasn’t he helped in industry so far. The notion that he could extricate himself from benefiting his former clients is impossible.”

Reduced to its essential meaning, the young people’s lawsuit is accusing the Trump administration of ecocide — the destruction of the natural world, including all the humans in it. Underlying that accusation is the fact that, while the plaintiffs are young, the people causing the destruction are old — like Trump. It follows that while the old people have only a few years left to live, the young people have their whole lives ahead of them, provided the old people can be prevented from killing them prematurely.

Despite the Juliana lawsuit, and perhaps in spiteful reaction to it, President Trump, with the help of Mr. Bernhardt and many others like him, has actively persisted in his objective, which is to open up every square foot of the country’s federal lands to fossil fuel extraction. His current push to open the Atlantic and Pacific Outer Continental Shelves to offshore drilling, has caused even some Republican legislators to become queasy.

Map of USA showing federal lands
U.S. federal lands. Map produced by Bureau of Land Management, Washington DC

On February 7th, reacting to the Trump administration’s nose-thumbing behaviour, the Juliana plaintiffs filed an “urgent motion” in the Ninth Circuit Court, asking it to grant an injunction preventing the government (pending the resolution of its appeal) from: mining coal on federal public lands; engaging in offshore oil and gas exploration on the Outer Continental Shelf; developing new fossil fuel infrastructure such as pipelines and fossil fuel export facilities.

Accompanying and following the motion were supporting briefs from more than 30 diverse groups and individuals, including one from Zero Hour (zerohour.org) on behalf of 32,340 children who responded to an online petition.

The government filed its opposition to the plaintiffs motion on February 19th.

 

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