Children’s Climate Court Case Defeats Government Dismissal Motion, Case to Proceed to Trial

Guest essay by Eric Worrall

The Supreme Court has just overturned a government attempt to have the children’s climate court case dismissed.

Young Activists Can Sue Government Over Climate Change, Supreme Court Says

November 3, 20182:12 PM ET

A group of young people can sue the federal government over its climate change policies, the Supreme Court said Friday. Since it was first filed in 2015, the government has requested several times that Juliana v. United States be dismissed.

“I want to trust that we are truly on track for trial without having further delays,” Kelsey Juliana, a 22-year-old plaintiff, said in a statement, “but these defendants are treating this case, our democracy, and the security of mine and future generations like it’s a game. I’m tired of playing this game.”

The Department of Justice did not respond to NPR’s request for comment.

The trial had previously been scheduled to start Oct. 29. The group Our Children’s Trust, which has provided support for the plaintiffs, said it had requested a status conference to set a new trial date.

It now could start as early as mid-November, Draheim said.

Read more:

The Supreme Court judgement does not mark the end of the problems faced by the plaintiffs – reading the Supreme Court judgement, there may now be a substantially increased possibility the Ninth Circuit will dismiss the case.

Although the Ninth Circuit has twice denied the Government’s request for mandamus relief, it did so without prejudice. And the court’s basis for denying relief rested, in large part, on the early stage of the litigation, the likelihood that plaintiffs’ claims would narrow as the case progressed, and the possibility of attaining relief through ordinary dispositive motions. Those reasons are, to a large extent, no longer pertinent. The 50-day trial was scheduled to begin on October 29, 2018, and is being held in abeyance only because of the current administrative stay. …

Read more:

It seems a shame that this farce will be allowed to continue for now, but I think I understand the Supreme Court’s reasoning.

Lets hope the Ninth Circuit brings this matter to a speedy conclusion.

via Watts Up With That?

November 3, 2018 at 04:06PM

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