Children sue EPA for ‘intentionally’ allowing greenhouse gas emissions

[KARAH RUCKER]

A GROUP OF CALIFORNIA YOUNG PEOPLE RANGING IN AGE FROM EIGHT TO 17  IS SUING THE ENVIRONMENTAL PROTECTION AGENCY.

THE GROUP CLAIMS THE EPA IS DISCRIMINATING AGAINST AMERICAN CHILDREN BY INTENTIONALLY ALLOWING THE RELEASE OF DANGEROUS LEVELS OF GREENHOUSE GASSES, WHICH EXPERTS SAY IS A MAJOR CONTRIBUTOR TO CLIMATE CHANGE.

THE LAWSUIT SAYS THE E-P-A IS VIOLATING THE CHILDREN’S CONSTITUTIONAL RIGHTS, INCLUDING, EQUAL PROTECTION, DUE PROCESS AND OTHER RIGHTS BY ALLOWING FACTORIES, REFINERIES AND OTHER OF POLLUTERS TO RELEASE TOO MUCH CARBON DIOXIDE, METHANE AND NITROUS OXIDE.

THE PLAINTIFFS ARGUE THE E-P-A’S ACTIONS ARE DISCRIMINATORY BECAUSE KIDS ARE A PARTICULARLY AT-RISK POPULATION BECAUSE OF CLIMATE CHANGE’S IMPACT ON THEIR STILL-DEVELOPING LUNGS AND BODIES COUPLED WITH THEIR INABILITY DIRECTLY PARTICIPATE IN THE POLITICAL SYSTEM.

THE LAWSUIT IS ASKING THE COURT TO DECLARE THAT THE E-P-A IS VIOLATING RIGHTS OF CHILDREN AND ABUSING THE AGENCY’S POWER UNDER THE CLEAN AIR ACT.

AN E-P-A SPOKESPERSON DECLINED TO COMMENT TO REUTERS ON THE LAWSUIT BUT SAID THE BIDEN ADMINISTRATION IS COMMITTED TO TACKLING THE CLIMATE CRISIS IN MANY WAYS, INCLUDING REGULATORY ACTION.

THE LAWSUIT IS THE SECOND CLIMATE-CHANGE-FOCUSED LAWSUIT FILED BY THE LAW FIRM “OUR CHILDREN’S TRUST” ON BEHALF OF MINORS AGAINST THE U.S. GOVERNMENT. 

THE SUIT JOINS A GROUP OF OTHER YOUTH-LED CLIMATE CHANGE LAWSUITS AGAINST STATE GOVERNMENTS.

LAWSUITS LED BY YOUNG PEOPLE ARE ALSO PENDING IN HAWAII, VIRGINIA, UTAH AND FLORIDA, ACCORDING TO “OUR CHILDREN’S TRUST.”

BACK IN AUGUST, YOUNG CLIMATE ACTIVISTS WITH THE LAW FIRM IN MONTANA SCORED WHAT LEGAL EXPERTS CALLED A FIRST-OF-ITS-KIND LEGAL VICTORY AFTER A DISTRICT JUDGE RULED MONTANA STATE AGENCIES VIOLATED YOUNG PEOPLE’S RIGHT OT A CLEAN ENVIRONMENT BY ALLOWING FOSSIL FUEL DEVELOPMENT.

A SPOKESPERSON FOR MONTANA ATTORNEY GENERAL AUSTIN KNUDSEN DECRIED THE RULING AS “ABSURD,” CALLING IT A “TAXPAYER PUBLICITY STUNT.

EMILY FLOWER SAID QUOTE:

“MONTANANS CAN’T BE BLAMED FOR CHANGING THE CLIMATE. THERE SAME LEGAL THEORY HAS BEEN THROWN OUT OF FEDERAL COURT AND COURTS IN MORE THAN A DOZEN STATES. IT SHOULD HAVE BEEN HERE AS WELL.”

THE CONSTITUTION DOES NOT EXPLICITLY INCLUDE THE RIGHT TO A HEALTHY ENVIRONMENT, BUT PLAINTIFFS IN THE FEDERAL CASES CONTEND THAT THOSE RIGHTS ARE ENCOMPASSED IN THE CONSTITUTION’S RIGHT TO LIFE, SINCE A HEALTHY CLIMATE IS NECESSARY FOR HUMAN LIFE.