APRIL 2024
Each month, we invite you to learn about the people, the progress, the precedent, and the history-making protection of children’s right to a safe climate powered by Our Children’s Trust.
YOUTH-POWERED JUSTICE
My Voice. My Rights. Our Future.
Meet Juliana v. United States plaintiff, Nathan! He joined the case at just 15 years old and today at 24, he’s still fighting for climate justice. Learn why he joined the case, why he believes in the power of the judiciary, and why he’s still working to #SaveJuliana.
In January, United States District Court Judge Ann Aiken delivered a clarion call: she denied the Department of Justice’s (DOJ) motion to dismiss Juliana v. United States. That landmark constitutional climate lawsuit was filed against the federal government by 21 young people across the country, including me.
Judge Aiken recognized the inherent violation of our constitutional rights to life, liberty and property if we cannot safely live in our climate. The young plaintiffs and the US Government “do not disagree that the climate crisis threatens our ability to survive on planet Earth,” she wrote. She noted, “curbing climate change requires an all-hands-on-deck approach,” and thus, the courts, too, have a role to play in saying what U.S. law is.
Our federal government is well aware that its conduct is destroying our planet’s capacity to support human life.
The US is still a net exporter of hydrocarbons and is developing long-term polluting projects around the country as we speak, under the pretense of a “climate-friendly” administration.
And our world is on fire. The predictive climate science of past decades has come alive: in West Coast droughts, in coastal floods and hurricanes, in billion-dollar superstorms, in drowning island nations.
THIS IS A GRAVE INJUSTICE TO MY GENERATION AND THE FUTURE.
Young people are terrified and report record levels of “climate grief” and fear. The political calculations that caused this moment, without the input of young people and future generations, are ill-equipped to pull us out of this deadly spiral.
WE MUST RESPOND. AND WHEN GOVERNMENT FAILS TO TAKE ACTION IN SERVICE OF OUR CONSTITUTIONAL RIGHTS, THE COURTS ARE OUR MOST POWERFUL REMEDY.
The judiciary has the unique power to “declare what the law is” and has done so at critical moments throughout our nation’s history. Courts declared segregated schools unconstitutional. Courts declared how to protect Tribal fishing rights. Courts declared that everyone has the right to get married regardless of the race or gender of their chosen partner.
In Juliana, this declaratory judgment power is similarly important.
Under Article III of the Constitution, US Courts have the power to declare that government actions that subsidize, lease, permit, sell, transfer, incentivize, and otherwise support nationwide hydrocarbon infrastructure are unconstitutional.
Taken against the known record of clear science that predicted these harms, government support of fossil fuels represents state-created danger. It is hazardous to the life and liberty of young people and future generations.
The courts must exercise their judicial power as our Constitution demands. To ignore these instances of state-created danger “would be to say that the Constitution affords no protection against a government’s knowing decision to poison the air its citizens breathe or the water its citizens drink,” Judge Aiken wrote.
And yet, across three different administrations, there have been 22 attempts to kill our case without granting us the chance to testify or present evidence at trial.
Among these, seven were petitions for writ of mandamus, an extraordinary legal tactic not used by the Department of Justice in any of its 40,000 cases where the U.S. is a defendant. No other case in the nation has experienced this level of government persecution. My fellow plaintiffs and I just made our final argument in the US Court of Appeals to be heard at trial, and now, it’s in President Biden’s hands.
That is why, on April 21, some of my Juliana co-plaintiffs will stand alongside plaintiffs from other youth-led climate cases and supporters from across the country at a rally in front of the White House demanding climate justice.
We’ll gather on Pennsylvania Avenue and GET LOUD! We’ll demand that President Biden and his DOJ let our case proceed to trial and show him that America’s climate case isn’t just for myself and 20 other co-plaintiffs, but for all current and future generations.
I was 15 years old when Juliana was filed in August 2015. I am now 24 and a post-college, career professional. The world stands in a different place today as we fight for our right to a fair trial to protect our constitutional right to a safe climate. The first constitutional climate trial in U.S. history was won in Montana in 2023 by Our Children’s Trust, the same team bringing Juliana. The next constitutional climate trial will come in June 2024 in Hawaii: Navahine F. v. Hawai’i Department of Transportation, also being brought by Our Children’s Trust. A force of human rights lawyers has begun to rise to meet this legal moment in cases around the globe.
I remember when Juliana felt unique in its legal message, when the constitutional climate litigation world was in its infancy and my co-plaintiffs, all children, pushed a unique strategy. It was an uphill battle to show that our alleged climate harms weren’t mere speculation or future problems. The case in Montana has set a precedent for courts around the world and the federal government knows it. The DOJ’s attempt to silence our voices proves the Administration isn’t prepared to sever ties to the fossil fuel industry and implement tangible systemic change.
But this is about our constitutional right to a livable climate future—and we aren’t giving up.
A trial for the Juliana case will represent a momentous occasion for our global climate system. It will be the moment when our courts choose to claim their equal role in our government system, in the moment when a crisis of government infringement demands it. A Juliana trial will represent the collective work of a global climate movement that refuses to go down lightly. And a Juliana trial will represent the efforts of some heroic lawyering.
President Biden, tell the DOJ: Send Juliana to trial.
Uniting for Change: Why this Montana youth is supporting plaintiffs from across cases
Meet Held v. State of Montana plaintiff, Eva! Although her historic youth-led lawsuit recently had a major victory, she’s not done fighting for climate justice. Learn why she’s rallying around plaintiffs from across different cases and why she believes it’s important to celebrate Earth Month.
1. How has your case impacted you and your community?
The case has really helped me understand the power of using my voice. My community, I believe, has been inspired by this case’s success and what it means for our futures. It has sparked excitement and action in people old and young, and brought forth so much support and love.
2. What does it mean to you to have courts, governments, and the world hear your voice and your story?
Being heard in court is incredibly validating, and proof that we are making progress. It provides so much hope and incites action to continue pushing for a safer, cleaner, and stable future. During my testimony and the testimony of my fellow plaintiffs, the people in the room and those watching from all over were hanging on our every word. To feel that, especially when you’re the one in the spotlight, is very fulfilling and significant.
3. Why is it important for you to support your fellow youth plaintiffs even across cases?
It’s always important to support each other, no matter where we are or what we’re doing in life. All of us plaintiffs are going through a unique experience, and it’s good to know we’re in this together. Finding connections and camaraderie when it comes to climate justice or equality is crucial to moving forward and making change.
4. What does the Juliana v. U.S. case mean to you?
The Juliana case is so incredibly important. And right now, it’s under threat. Which means their futures—our futures—are as well.
JULIANA IS REPRESENTING AMERICA’S FIGHT FOR CLIMATE JUSTICE, AND THEY NEED TO PROCEED TO TRIAL AND HAVE THEIR VOICES HEARD.
Without them, our case wouldn’t be where it is today. And despite everything that’s been thrown their way, the Juliana 21 continue to persevere.
5. What does Earth Month mean to you?
Earth Month is a time of year when we celebrate the world in which we live. Perhaps something that we probably should be doing daily! It’s a great time to involve yourself in what your local community is doing for this month and participate however you can! It’s a great way to help out, learn, and take care of our planet while you’re at it.
6. What do you love about the part of the Earth you call home?
What I love about the place I live is the closeness to the land we have here. Montana’s home to so much wildlife, wilderness, and bits of nowhere. There’s a deep connection that comes with seeing only sky and land stretch on as far as the eye can see.
7. What would you say to those who feel they cannot make a difference?
Your words, your actions, and your heart matter. Truly, anyone can make a difference. If you can, just talk about an issue you care about. Change often begins with conversation, with a small action that can get the ball rolling. Look for like-minded individuals who will support you, and though sometimes it’s difficult, stay hopeful. When I’m about to do something difficult, I try to think of all the people on my side. And know that what you say will resonate with someone, even if it doesn’t always seem like others are in favor of it.
PEOPLE-POWERED JUSTICE
Why Climate Boomers Back the Kids in Youth v. Gov — and how you can help
Meet Lawrence MacDonald, a member of Third Act Virginia and author of 'Am I Too Old to Save the Planet? A Boomer's Guide to Climate Action.' In a moving op-ed, MacDonald writes about the importance of intergenerational climate action and how individuals of all ages can unite to secure climate justice.
Originally published by Lawrence MacDonald @ClimateBoomer on Medium.
March 12, 2024: The kids suing Virginia for violating their constitutional rights and elders who support them.
Across the United States and the world, kids are suing governments for supporting the fossil fuel industry, harming them and endangering their futures. Elders are lining up to support these cases. Here’s how you can help.
(TLDR? Sign up here to join the April 21 White House rally to #SaveJuliana)
In March I traveled to Richmond, Virginia’s capital, to join other elders from ThirdAct Virginia supporting kids who are suing the Commonwealth for violating their constitutional rights to life and liberty by promoting the development of fossil fuels.
The kids were appealing a trial court’s dismissal of their lawsuit, Layla H. v. Common Wealth of Virginia, on the grounds of “sovereign immunity” — that Virginia is immune from such suits. The hearing took only an hour and the three-judge panel has yet to announce its decision. For me, sitting in the courtroom was a moving introduction to the world of constitutional climate lawsuits.
The chamber where we sat, lined with oil portraits of justices and the seals of the Commonwealth and Supreme Court of Virginia, previously witnessed Loving v. Virginia, the landmark civil rights case. In 1967, eight years after a Virginia court sentenced Richard and Mildred Loving to prison for violating a 1924 law prohibiting interracial marriage, the U.S. Supreme Court overturned their convictions and struck down Virginia’s Racial Integrity Act, ending such laws across the country.
Listening to lawyers from Our Children’s Trust, which represents the kids in Virginia and similar cases across the country, persuasively argue the finner points of sovereign immunity and standing, I hoped it wouldn’t take eight years for a just ruling, as it did in Loving v. Virginia. A decision then would come too late to avert climate catastrophe.
“CAN I GIVE YOU A HUG?”
After the hearing, the kids suing Virginia and the elders supporting them crossed the street to the small square beneath Richmond’s historic Bell Tower, where the plaintiff's attorney, Andrew Welle, briefed the crowd:
“The Virginia Court of Appeals was presented with a simple question today. Will it uphold the plainly wrong decision of the court below that would eradicate fundamental rights of Virginians by carving out an exception to constitutional oversight for fossil fuels? Or will it follow the path of justice and growing number of courts around the country that find in favor of children’s rights to a stable climate and safe future?”
One of the young plaintiffs, Kat, told why she and her peers are pushing for a trial:
“Last November was the first year in which I had the opportunity to vote, but it didn’t take 18 years for me or my fellow plaintiffs to feel the adverse effects of climate change. We’ve seen our houses flood, we’ve experienced tick-borne diseases, we’ve had school and activities and health disrupted by increasing heat and by extreme weather.”
Bill Muth, a Richmond-based leader of ThirdAct Virginia, told the kids what many elders in the crowd were likely thinking:
“It’s a humbling and tricky thing to stand here before you. We oldens praise you and want to listen and follow. But it’s also unfair to put the onus on you, our grandchildren, to fix the problem. We want you to know that we love you, are here with you and for you — today and for as long as we are on this planet together, if you will have us. We WILL NOT look away. We refuse to let the power-addicted oligarchs take away your futures. We have material resources and time to give. We can lead AND we can follow, as needed.”
After the rally, I approached the young plaintiffs holding their banner and asked if I could shake their hands. As I moved along the row, I began to cry, moved by their sacrifice in giving up childhood to argue their right to a livable planet, and saddened that powerful adults are trying to deny them their day in court. Seeing my tears, some of the kids teared up, too. The last youth in the row asked: “Can I give you a hug?”
Monica Sanders, an attorney and scholar focused on climate and resilience, covered the Virginia hearing for Forbes. She explains how the Virginia case fits into Our Children’s Trust’s broader legal strategy — challenging government actions that worsen climate change on constitutional grounds.
Last year a court in Montana affirmed, in Held V. Montana, that young people have a right to a healthy environment. Although the state has appealed, Sanders believes the ruling
“strengthens the argument for youth climate activists in Virginia, showcasing that courts in other states are recognizing the importance of protecting the environment for future generations.”
The next state-level case will be in Hawaii, she writes, where a similar case is set to go before a judge in June.
THE MOTHER OF CONSTITUTIONAL CLIMATE CASES
Meanwhile, the mother of the U.S. constitutional climate cases, Juliana v. U.S., has been stalled in Federal courts by the Department of Justice (DOJ), which has fought aggressively to prevent the case from coming to trial, including a seldom-used measure known as “a petition for a writ of mandamus.”
As Our Children’s Trust explains it:
This is an extreme legal tactic used by the Trump Administration to subvert the normal legal process, prevent the case from proceeding to trial, and silence the voices of young people seeking to highlight the injustice of climate change at the hands of the United States government. The Trump administration used this delay tactic a record six times, and now Biden’s DOJ has followed in their footsteps and filed it for an unprecedented seventh time.
Why would the Biden administration deploy the full force of the U.S. government to oppose a bunch of kids? Ray Levy Uyeda, a staff reporter at the non-profit news outlet Prism, asks and answers this question: “It’s likely because Biden knows that when the facts are presented in a court of law, this kind of climate case is likely to win,” she writes.
“By blocking this case from moving forward, the Biden Administration is not only stifling the voices of a young bloc of voters he’ll need to win reelection in November, he is also preventing critical evidence of fossil fuel misdeeds from making its way to the public. Namely, that corporations knew their oil and gas products would alter the global climate system and that the government was aware of these outcomes. Despite its knowledge of the outcomes, the government continued to hand out billions in subsidies to fossil fuel companies. This is the evidence that each administration, including Biden’s, is afraid of. This is the evidence that a judge might find compelling. This is the evidence that could disrupt the nation’s oil and gas status quo.”
There is a solution, of course. President Biden and the DOJ could stop opposing the case and allow it to come to trial. Letting the case come to trial is the right thing to do. It’s also the smart thing to do. Regardless of how the case would ultimately fare in the hard-right-dominated Supreme Court, allowing it to come to trial would signal that President Biden means it when he says that climate change is the “number one issue facing humanity” and that he is using all the powers at his disposal to prevent catastrophe.
LETTING JULIANA V. U.S. GO TO TRIAL WOULD BE SMART POLITICS FOR BIDEN
In so doing, President Biden would align himself with what is likely the most appealing group of folks ever to sue the U.S. government, the 21 youth plaintiffs in Juliana v. U.S., whose stories have already been told in a book and a movie.
The book, “The 21: The True Story of the Youth Who Sued the U.S. Government Over Climate Change,” by Elizabeth Rusch, tells the gripping inside story of the case. Published last September, it weaves together the lives of the young plaintiffs, the depraved efforts of the U.S. government to prevent the case from coming to trial, and the fierce, loving determination of the brilliant attorney who leads the effort, Juliana Olson.
The 2021 documentary film, Youth v. Gov, brings it all to life with candid scenes of the kids alone, together, frightened by climate catastrophes, and showing up in their best clothes for numerous court hearings. The movie has all the makings of a Disney production about young people triumphing over venal adults minus, at least so far, the happy ending. You can watch the trailer here:
HERE’S HOW YOU CAN HELP
So how can you help? You can start by amplifying this story right now. Clap! (In Medium, you can clap up to 50 times for one story by clicking the applause icon.) Share it on your favorite social media platform using the icons at the top of the page. Highlight the bit you like best or post a comment.
More importantly, explore the Our Children’s Trust website, then go to their excellent Take Action page, where you can sign up for news announcements, send letters to the DOJ, write to your member of Congress, sign on as an individual supporter, or join the coalition on behalf of your organization.
If you are in one of the five states with pending legal action (Florida, Hawaii, Montana, Utah and Virginia), learn more about the case in your state so you can show up in support, as I did, the next time the kids are in court demanding that the government stop violating their rights to life, liberty and property by propping up the fossil fuel industry.
Finally, if you will be in the Washington DC area on April 21 sign up here to join a pre-Earth Day rally at the White House urging President Biden to stop trying to block the Youth v. Gov plaintiffs from their day in court.
I hope to see you there!