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The U.S. Supreme Court has been asked to reconsider a decade-old climate change lawsuit that will stop the ‘violation of the right of young people to a livable environment.’
Eleven of the 21 youths who brought the lawsuit are from Oregon.
Oregon Senators Ron Wyden and Jeff Merkley, together with 40 other members of Congress, have filed a friend-to-the-court brief in the lawsuit, Juliana v. United States.
The lawsuit argues that the government’s ongoing support for fossil fuel production and its failure to tackle the most serious effects of climate change are violating young people’s rights to a sustainable and healthy environment.
The lawsuit suffered a setback after the 9th Circuit Court of Appeals dismissed the case last year. The friend-to-a-court brief by the members of Congress wants to reverse that decision. It follows a recent ruling by the Montana Supreme Court that young people have a right to a sustainable environment under the Montana constitution.
The Best Outcome Would Reverse the Original Court Ruling
The lead attorney for the plaintiffs, Julia Olson, said the best result for the plaintiffs would be a ruling that would lead the 9th Circuit to reconsider its original ruling in the Juliana case.
The Congress brief also argues that allowing the 9th Circuit decision to stand would negate a ‘landmark’ 1935 measure – the Declaratory Judgment Act – created to ensure plaintiffs’ right to petition federal courts for declaratory relief. According to the brief, allowing this access to the courts was essential to the effective administration of justice.
According to Olson, despite setbacks, the Juliana case is taught in law schools throughout the U.S. and China.
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