Press Contact:

J. Coco Chang, 718.783.2000 ext. 316, jcocochang@witness.org

Phil Gregory, 650-697-6000, pgregory@cpmlegal.com

Victoria Loorz, 805-200-8747, victoria@kvgw.org

Youth Fight Effort to Dismiss Federal Lawsuit on Climate Change

U.S. Government and Fossil Fuel Industry Argue that Youth Plaintiffs Should Not Be Heard in Landmark Climate Change Case

Washington, D.C. – Today before the U.S. District Court in Washington, D.C., a group of citizens too young to vote, along with the non-profit Kids vs. Global Warming, will defend their right to sue the government for its failure to protect the atmosphere. Federal Judge Robert Wilkins will decide whether to dismiss the lawsuit (Alec L. v. Jackson, D.D.C., No. 11-CV-022235, 12/14/11), in response to motions to dismiss submitted by the U.S. government, the fossil fuel industry, and other industry giants. Youth plaintiffs seek an order requiring the Federal government to immediately conduct a detailed accounting of our nation’s carbon emissions and develop and implement a national climate recovery plan to protect our nation’s atmosphere.

The industry groups who have intervened in the case, the National Association of Manufacturers (“NAM”) and five California industry groups, represent every component of the fossil fuel industry. These groups have stated they are seeking to defend their “right” to freely emit carbon into the atmosphere. In support of their motions to dismiss, these industry groups argued that if youth plaintiffs prevail, they will have no option but to significantly reduce their greenhouse gas emissions. NAM has spent millions of dollars on lobbying efforts to thwart any attempts by Congress to reduce greenhouse gases.

As major stakeholders in the climate crisis, the youth plaintiffs are standing up on behalf of their generation and those to come, to compel their government to protect the atmosphere as a natural resource necessary for survival. Frustrated with the lack of system-wide changes, these youth are no longer satisfied focusing simply on individual efforts such as recycling and changing light bulbs. They assert that the time is now to demand large-scale changes before it’s too late to change the trajectory of runaway climate change.

Phil Gregory, one of the attorneys for the youth, commented: “There is no question, the issue should be one of science, not politics. Unfortunately, both Congress and our President are not taking the necessary, decisive steps to protect our atmosphere. Now is the time for our courts to take action. Courts have done so throughout history, most notably in the civil rights era of the 1950s and ‘60s, where young people raised their voices. Judges not only heard these voices, but took charge of the situation and ensured the changes became a reality.”

Leading scientists, led by Dr James Hansen, warn of the fast approaching climate threshold that will result in an unstoppable melting of ice sheets, loss of forests, massive species extinction, threats to public health and national security, and a decrease in global food and water supplies. They say that restoring the carbon concentration in the atmosphere to 350 ppm by the end of the century requires a 6% annual global reduction of emissions and massive reforestation. The case asks the judicial branch to use its authority to require the Federal government to develop a comprehensive plan under these standards to prevent further increases in United States carbon dioxide (CO2) emissions and to begin to rapidly reduce emissions.

The youths’ claim is based on the Public Trust Doctrine, which requires sovereign governments to manage and protect vital, natural resources for the common benefit of its citizens. This is not only the first time the Public Trust Doctrine has been used to secure climate protection, it is also the first time the nation’s youth have come together to hold their government accountable for climate change on such a large scale.

In a recent speech, President Obama called for an end to Big Oil subsidies and said, “Let’s put every single member of Congress on record: You can stand with oil companies or you can stand with the American people.” Youth plaintiffs make the same request. Now they’re up against the most powerful nation on Earth and the largest industries in the world in one of the most significant climate change lawsuits to date.

“This lawsuit really could be the turning point we’ve all been waiting for,” says Alec Loorz, 17-year old plaintiff on the Federal atmospheric trust lawsuit and founder of Kids vs Global Warming. “We’re not asking the government for money, we’re not asking for power, we don’t want to take away the industry’s right to profit. We’re simply asking that the government recognize the atmosphere as part of the public trust to be protected for present and future generations and once and for all to govern as if our future matters.”