United States temporarily halts demand for juvenile climate days before trial
United States temporarily halts demand for juvenile climate days before trial
The Supreme Court of the United States on Friday temporarily blocked a high profile climate change lawsuit filed by young activists who accuse the federal government of violating their constitutional rights with policies that have caused a dangerous climate.
The president of the court, John Roberts, signed an order to freeze the trial that was going to begin in 10 days in a federal court of Oregon until the lawyers of the youth respond and the supreme court issued another order.
This marked a victory for the government, which under the Obama and Trump governments has tried unsuccessfully for years to get the case dismissed. One expert says that the Trump administration tried again before the October 29 trial when the court changed to the right with this month's confirmation. Brett Kavanaugh.
The Supreme Court refused to file the claim in July, calling it "premature."
Lawyers for the Justice Department again questioned on Thursday, arguing that the lawsuit aims to redirect ambientPolicies through the courts and not through the political process.
Julia Olson, an attorney representing the young plaintiffs and principal legal advisor of Our Children's Trust, said they are confident the trial will move forward once the judges receive their response, which must be presented on Wednesday.
The Supreme Court has recognized in other cases that the review of constitutional issues "is best done in a complete record where the evidence is presented and weighed," he said in an email. "This case is about already recognized fundamental rights and rights of children of equal protection before the law."
Young people say that government officials have known for more than 50 years that carbon pollution from fossil fuels was causing climate change and that oil and gas policies deprive them of life, liberty and property. . They also say that the government has not protected natural resources as a "public trust" for future generations.
The lawsuit wants a court to order the government to stop allowing and authorizing fossil fuels, quickly eliminate carbon dioxide emissions at a certain level by 2100 and develop a national climate recovery plan.
The Trump administration obtained a temporary pardon in the case after it also applied to the Ninth Circuit Court of Appeals of the United States, which rejected the request in July.
"The latest attempt to get the US Supreme Court to stop the trial does not seem to be based on new evidence or arguments, the only new element is an additional Supreme Court judge," said Melissa Scanlan, a professor at the Supreme Court. Vermont Law School. Who is not involved in the case.
Kavanaugh replaced the more moderate Anthony Kennedy.
Scanlan said the Trump administration is trying to avoid "what they expect to be a 50-day test focused on climate disruption." The trial in Eugene, Oregon, was expected to end in January.
The federal government has argued in court documents that young people do not have the capacity to present the case and that the problems should be left to the political powers of the government, not the court.
Jeffrey Wood, assistant attorney general for the Department of Justice's division of environment and natural resources, said officials "strongly believe that there is no legal basis for this case to be heard in federal court."
The lawsuit "is an unconstitutional attempt to use a single court to control the nation's energy and climate policy," he said, according to comments prepared for a speech he gave at a conference in San Diego on Friday. "It is a question of separation of powers and of preserving the opportunity in our system of government for these policies to be decided by the elected branches, not by the courts."
The lawsuit is part of a national effort led by Our Children's Trust, a nonprofit organization based in Oregon, which requires states and the federal government to take action against climate change.
James Hansen, a former NASA scientist who told the world 30 years ago that global warming had arrived, is also part of the federal case.
District Court Judge Ann Aiken earlier this week dismissed President Donald Trump as the defendant in the case and rejected arguments that the youth can not present the case. She said they made specific accusations of "personal injuries caused by human-induced climate change," including extreme weather events in 2016 and 2017 that led to flooding in Louisiana.
Scanlan, the law professor, said the plaintiffs must prove that the government created a danger, that they knew they had created that danger and that "with deliberative indifference" they could not avoid the harm.
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Follow Phuong Le on Twitter at https://twitter.com/AP-Phuong
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