“The Department of Justice has entirely blocked our path to trial,” said 20-year-old plaintiff Sahara Valentine. “It’s really important to us that we get a fair say in court.”
A coalition of young climate change activists have asked the U.S. Supreme Court to reinstate their landmark lawsuit against the federal government.
According to The New York Times, it is relatively unusual for plaintiffs in any claim to directly petition the Supreme Court for relief. In their claim, the activists say that years of litigation against the government have taken a toll—with the Department of Justice making repeated moves to prevent the case from proceeding to trial.
“The Department of Justice has entirely blocked our path to trial,” said 20-year-old plaintiff Sahara Valentine. “It’s really important to us that we get a fair say in court.”
The case, Juliana v. U.SW., accused the federal government of violating the constitutional rights of the plaintiffs—along with other young Americans—by enacting and executing fossil fuel-dependent energy policies, despite knowing that the continued consumption of fossil fuels could pose grave risks to the planet and the well-being of future generations.
But, for nearly a decade, the complaint has remained largely unresolved.
During the Obama administration, the Department of Justice acted aggressively, repeatedly seeking the claim’s dismissal. The lawsuit was finally discarded in 2020, with a subsequent appeal rejected earlier this year.
In May, a split decision by a three-judge panel of the U.S. Circuit Court of Appeals for the 9th Circuit found that the plaintiffs had shown they have been harmed by unregulated carbon emissions—but were not sure whether the court had the means to effect any meaningful change.
“The panel reluctantly concluded that the plaintiffs’ case must be made to the political branches or to the electorate at large,” Judge Andrew D. Hurwitz wrote.
Earlier this week, though, the plaintiffs filed a petition for a writ of mandamus, or an order that would compel a lower court, government agency, or other official body to act in a particular manner. Attorneys for the activists say that the case was only dismissed because the Justice Department repeatedly raised procedural complaints, rather than giving a judge and a jury the chance to try it on its merits.
Furthermore, they say that the amended complaint filed last year differs so substantially from the first one that it deserves to be heard on its own merits.
The New York Post notes that the lawsuit was filed on plaintiff Sahara Valentina’s 11th birthday. She is now a student at Western Washington University in Washington state, where she is studying environmental studies and Spanish.
Sources
Youth Group Asks Supreme Court to Revive a Landmark Climate Lawsuit
Young people ask US Supreme Court to revive climate change lawsuit
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