Juliana vs. United States alleges that the U.S. government has violated the rights of 21 young Americans by permitting — and in many cases, subsidizing — the continued use of fossil fuels that cause climate change.
Julia Olson, third from left, chief legal counsel for Our Children's Trust, stands with some of the 21 young plaintiffs she is representing in Juliana vs. United States. The plaintiffs say the federal government's inaction on climate change violates their constitutional rights.
Nathan Baring, 19, one of the plaintiffs in Juliana vs. United States, in his bedroom in Fairbanks, Alaska. “The Trump administration has pulled out all the stops, legally, in trying to prevent the trial,” said, the director of the Sabin Center for Climate Change Law at Columbia University who is not involved in the suit.
Others have suffered from respiratory problems because of increased wildfire smoke and longer pollen seasons. Many cite threats to their family farms, to staple foods such as salmon, and to the landscapes where they hike, camp and hunt.Levi Draheim, 11, has recurring nightmares that his hometown of Satellite Beach, Fla. — a low-lying barrier island — will be washed away by rising seas.
“Our theory is that the federal government is substantially responsible,” said Andrea Rodgers, a senior attorney forRodgers and her colleagues don’t expect the judges to rule on these questions now. They just want a chance to present their evidence in court. In Tuesday’s hearing, the judges may also focus on whether the courts can deliver what the plaintiffs ultimately want: an order compelling the federal government to reduce the amount of greenhouse gases in the atmosphere.
She thinks the plaintiffs have a strong case for standing. And if the three appeals court judges agree, that could bolster the prospects of future climate lawsuits. “If the Constitution doesn’t protect your right to live in an environment that will protect your life, then what does it protect?” she said.
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