The Supreme Court on Monday concluded its 10-year journey through the court, refusing to hear appeals in a groundbreaking climate case brought by 21 young people against the federal government.
However, the case provided a blueprint for many other climate-related lawsuits that have achieved greater success.
Juliana v. the United States alleged that the government violated the plaintiffs' constitutional rights with policies that encourage the use of fossil fuels. However, it was dismissed by the U.S. Court of Appeals in the Ninth Circuit, and the judge ruled that the court was not the right place to deal with climate change.
“In fact, the impressive case regarding the plaintiff's relief must be presented to the political branch of the government,” Judge Andrew D. Harwitz wrote in a 2020 opinion.
The nonprofit law firm in Eugene, Oregon, which represents the plaintiffs, filed the final legal gambit in a lawsuit last year. Last year, she threw the Supreme Court's decision back on the Court of Appeals and asked Juliana to go to trial in a lower court. The petition was rejected Monday.
The Justice Department celebrated the news with a statement that it defended the government in lawsuits during the three presidential administrations. Juliana called it a distraction from the work of enforcing environmental laws.
“For almost a decade, the plaintiffs' lawyers in the Juliana case have been tying the United States in their lawsuits,” said Adam Gustafson, acting Attorney General for the Department's Environment and Natural Resources Division. Monday's High Court ruling “takes this long story to conclusion.”
Some observers also thought it was risky to ask the Supreme Court to consider appeals, given concerns that conservative courts might use the case to abandon long-standing environmental protections.
The plaintiff in the case is Kelsey Cascadia Rose Juliana, a now 29-year-old Oregon teacher, the environmentalist and longtime climate activist daughter. The story of how she became involved in the lawsuit was documented in the documentary “Youthv. Gov.”
Juliana's legal framework has since been replicated in numerous lawsuits and legal actions across the country. And last year, our child's trust, which submitted many cases, recorded two notable victories.
The group has reached a settlement between Navahine v. Hawaii Department. There, the state agreed to reduce emissions of carbon dioxide, the major greenhouse gas that warms the planet from its transport system within 20 years. And that's a hold v. We won in Montana. There, the judge ruled that the state must consider climate change when approving a fossil fuel project. The Court of Appeals upheld the decision in December.
The plaintiff named in that case led to the decision to take part in the case as 23-year-old Ricky grew up on a cattle ranch in Montana and saw the effects of climate change firsthand. She is currently a science educator through the Peace Corps of Kenya.
On Monday, she said the Juliana incident paved the way for her. “Juliana left an indelible mark on the climate lawsuit landscape through the unwavering dedication of the plaintiffs and legal team,” she said.
Julia Olson, founder of Our Children's Trust, had asked the Biden administration to discuss the settlement in the Juliana case. She said on Monday that Juliana “littles a legal movement.”
However, Justice Department lawyers argued that the court was not set up correctly to address climate change as judges were unable to order or enforce “viable relief” on the matter.
Some experts also raised concerns about the organisation's strategy in the Supreme Court, noting the risk that a conservative court supermajority could adopt Juliana's case as a way to rethink legal precedents that will take root in environmental protection.
In an interview last year, Vermont law and graduate environmental law expert Patrick Derprue said: “If you need an answer to this question, you probably don't like the answer you're trying to get.”
However, he added that he still praises the efforts of the youth and their lawyers.
Olson said environmentalists should not move away from the courts. “If we don't show up, don't advance our claims, don't shed light on injustice, then other forces will always win,” she said.
