Is the federal government deliberately trampling on your fifth amendment rights? The young plaintiffs in Juliana v. United States say yes

Photo of Kelsey Juliana, plaintiff
Kelsey Juliana, plaintiff in Juliana v. United States. Image from Ourchildrenstrust.org Photo: Robin Loznak

Kelsey Juliana is the named plaintiff in Juliana v. United States, which is currently on hold in the Ninth Circuit Court of Appeals. In 2015, Kelsey and twenty other young people (aged 7 to 18 at the time), sued the Federal Government in U.S. District Court, Oregon, for causing life-damaging Climate Change impacts. Listed in the lawsuit are the specific complaints made by each of the young people.

Here’s a summary of Kelsey’s complaint:

Kelsey was born and raised in Oregon. She depends on the resources of the state for her survival and wellbeing. For sustenance she drinks Oregon’s fresh waters and eats the food it produces, including: seafood from Oregon’s marine and estuarine waters; food grown by farmers in the Willamette Valley; and food grown by her family in their garden. For recreation and vacationing she enjoys outdoor activities such as visiting the beaches and tide pools along Oregon’s coast; snowshoeing, cross-country skiing, and snow camping in winter; hiking, canoeing, and backpacking in warmer weather.

The suit alleges that the affects of Climate Change — drought, warmer winters, declining snowpack, increasing summer temperatures, algal blooms on lakes, intense wildfires — are already harming Kelsey’s drinking water, her food sources, and all the places she enjoys visiting. The suit also contends that in the coming decades, Kelsey will suffer even greater harm from the impacts of ocean acidification and rising sea levels, all because of the federal government’s actions and inactions.

Kelsey’s complaint goes on to say that the federal government has “caused psychological and emotional harm to Kelsey as a result of her fear of a changing climate, her knowledge of the impacts that will occur in her lifetime, and her knowledge that [the government is] continuing to cause harms that threaten her life and wellbeing. As a result of the acts and omissions of [the federal government], Kelsey believes that she will not be able to continue to do all of the things described in this Complaint for her life, health, and enjoyment, nor will she one day be able to share those experiences with her children.”

Photo of Oregon coastal mountains and beach
Oregon Coast. Image from Unsplash.com Photo by Vasiliki Volkova

People blame the government for all sorts of things. What’s so special about Kelsey’s complaint? Nothing, except for the fact that the lawsuit links it directly to the U.S. Constitution.

The Due Process Clause of the Fifth Amendment bars the federal government from depriving a person of ‘life, liberty, or property’ without ‘due process of law’. Kelsey and her co-plaintiffs are claiming that the federal government is violating their due process rights by knowingly causing the climate to change to such an extent that they are being deprived of their way of life and the things that make it livable. Items I & II of the suit’s statement of facts, spell it out:

I. THE FEDERAL GOVERNMENT HAS KNOWN FOR DECADES THAT CARBON DIOXIDE POLLUTION WAS CAUSING CATASTROPHIC CLIMATE CHANGE AND THAT MASSIVE EMISSION REDUCTIONS AND A NATION-WIDE TRANSITION AWAY FROM FOSSIL FUELS WAS NEEDED TO PROTECT PLAINTIFFS’ CONSTITUTIONAL RIGHTS.
II. IN SPITE OF KNOWING OF THE SEVERE DANGERS POSED BY CARBON POLLUTION, DEFENDANTS CREATED AND ENHANCED THE DANGERS THROUGH FOSSIL FUEL EXTRACTION, PRODUCTION, CONSUMPTION, TRANSPORTATION, AND EXPORTATION.

Photo of the Navajo Generating Station , Arizona
Coal burning power plant, the Navajo Station, Arizona. Image from nbcnews.com

The federal government does not want to see this lawsuit go to trial. Government lawyers have, several times, petitioned the Oregon District Court, the Ninth Circuit Court, and the Supreme Court, trying to put a stop to it. The government hasn’t yet denied the claim that its climate actions have caused harm to the young plaintiffs. Rather, it has attempted to derail the suit by claiming that they have no right to bring their complaints to court in the first place.

The Ninth Circuit Court is expected to rule soon on the hold it placed on the suit last December. If the ruling is in the plaintiffs favor, the Oregon District Court will set a trial date.