An unprecedented legal challenge to the entire fossil fuel industry, government regulatory agencies and federal climate and energy policy is slowly making its way through the federal courts. And for now its right here in Oregon, in Eugene U.S. District Court. "Kelsey Cascade Rose Juliana, et al, v. the United States of America, et al," filed last year, survived a Motion to Dismiss in this past spring. Next Tuesday, September 13, Judge Ann Aiken will hear further oral arguments in the case as she reviews Magistrate Judge Thomas Coffin's ruling in the plaintiffs' favor.
The 21 youth plaintiffs, backed by Our Children's Trust law firm, have taken on the challenge of holding the government accountable for failing to act effectively and decisively to curb the emissions of greenhouse gases that are heating up the planet and destabilizing the earth's climatic\\e system. The lawsuit is based on the youth's fundamental constitutional rights to life, liberty and property into the future, all of which are threatened by government complicity with the fossil fuel industry and inaction in adequately regulating it.
It is unprecedented compared to other climate-related cases, in being found (thus far) to have merit and allowed to proceed. The hearing before Judge Aiken is the next big hurdle. If she rules to uphold Coffin's decision, the case will go to trial next year.
Guest Julia Olson is the lead attorney for the youth and is breaking new legal ground with her approach. Kelsey Juliana, the oldest of the plaintiffs and currently a student at Warren Wilson College in North Carolina, will also join host Paul Roland.
Opening/closing song:
"To Be or Not To Be" by Danbert Nobacon & the Axis of Dissent:
http://www.cdbaby.com/cd/danbertnobaconandtheaxis
For more information:
- KBOO