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Landmark case on climate change looming for USA government

Trump could face the ‘biggest trial of the century’ — over climate change, WP  December 1 A few weeks ago, a federal judge in Oregon made headlines when she ruled that a groundbreaking climate lawsuit will proceed to trial. And some experts say its outcome could rewrite the future of climate policy in the United States.

The case, brought by 21 youths aged 9 to 20, claims that the federal government isn’t doing enough to address the problem of climate change to protect their planet’s future — and that, they charge, is a violation of their constitutional rights on the most basic level. The case has already received widespread attention, even garnering the support of well-known climate scientist James Hansen, who has also joined as a plaintiff on behalf of his granddaughter and as a guardian for “future generations.”

The U.S. government under President Obama, along with several others representing members of the fossil fuel industry, filed to have the lawsuit dismissed. But on Nov. 10, federal judge Ann Aiken denied the motion, clearing the case to proceed to trial. According to Our Children’s Trust, the nonprofit representing the youth plaintiffs, a recent case management conference indicated that the case would likely go to trial by summer or early fall of 2017.

“It’s been called the biggest trial of the century, and it is,” said Mary Wood, a law professor at the University of Oregon and expert in natural resources and public trust law. “Literally, when I say the planet is on the docket, it would be hard to imagine a more consequential trial, because the fossil fuel policies of the entire United States of America are going to confront the climate science put forth by the world’s best scientists. And never before has that happened.”

The odds of success  

Theoretically, the trial’s outcome could have major implications for the incoming Trump administration, which aims to dismantle many of the climate and energy priorities established under President Obama.

Should the plaintiffs prevail, the federal government could be forced to develop and adhere to stringent carbon-cutting measures aimed at preserving the planet’s climate future for generations to come. The only other place such action has ever been ordered by a court is in the Netherlands, where a similar case resulted in a landmark ruling last year requiring the Dutch government to slash its emissions by a quarter within five years…….. https://www.washingtonpost.com/news/energy-environment/wp/2016/12/01/trump-could-face-the-biggest-trial-of-the-century-over-climate-change/?utm_term=.d1aa009e5e04

December 9, 2016 - Posted by | Legal, USA

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