Climate Lawsuit Win

A lawsuit filed by eight teens and pre-teens, and supported by Our Children's Trust, won a decision in King County Superior Court against the Washington State Department of Ecology.

Judge Hollis Hill ordered Ecology to promulgate an emissions reduction rule by the end of 2016 and make recommendations to the state legislature on science-based greenhouse gas reductions in the 2017 legislative session. Judge Hill also ordered Ecology to consult with the youth petitioners in advance of that recommendation.

In granting the youth a remedy, Judge Hill noted the extraordinary circumstances of the climate crisis, saying, “this is an urgent situation…these kids can’t wait.”

Update (May 20):  Another win for young activists, this time at the Massachusetts Supreme Judicial Court.

The Court found that the [Massachusetts Department of Environmental Protection] was not complying with its legal obligation to reduce the State’s GHG emissions and ordered the agency to “promulgate regulations that address multiple sources or categories of sources of greenhouse gas emissions, impose a limit on emissions that may be released . . . and set limits that decline on an annual basis.”

"The global climate change crisis is a threat to the well being of humanity, and to my generation, that has been ignored for too long,” said Youth Plaintiff Shamus Miller, age 17.

Update (June 25):  While finding an appropriate timeline is given as the reason for appealing Judge Hill's order, blogger Pacificshift expresses disappointment in Washington State's governor.

[I]ronically, the administration of Gov. Jay Inslee, who came into office as the “greenest governor” with stellar credentials as a Congressional climate leader, is trying to overturn the most recent victory through an appeal to a higher court.

Update (September 13):  A group of 21 young plaintiffs had a hearing in U.S. District Court in Oregon. They argue "that by failing to act on climate change, the U.S. government has violated the youngest generation's constitutional rights."

Update (March 10, 2018):  The U.S. Court of Appeals in San Francisco ruled that the Oregon case can go to trial.

The Justice Department argued that the federal judge in Eugene, Oregon, who refused to dismiss the case in 2016 had overstepped her authority. Federal attorneys claimed that the issues are not the business of the courts, but the sole purview of Congress and the president. The appeals court unanimously concluded that those arguments are “better addressed through the ordinary course of litigation.”

Update (April 13, 2018):  The Oregon case is set to go to trial on October 29.

Update (July 31, 2018):  The Supreme Court denied an administration request to dismiss the suit.

Update (November 2, 2018):  The Supreme Court again refused to halt the suit.

Update (January 17, 2020):  The Oregon case, Juliana v. U.S., has been dismissed by a three judge panel, but can still be heard by the full court.

In its 2-1 decision, the 9th U.S. Circuit Court of Appeals in San Francisco acknowledged the gravity of the climate crisis but ruled the case lacks legal standing to proceed to trial.