I hate to be a wet blanket, but I really question the wisdom of an action like 
this for a few reasons.


1) Obama just rolled out the Clean Power Plan and we're 4 months away from 
COP21 in Paris. Is this issue likely to be resolved in the court system prior 
to the US making new climate change commitments?


2) This plays right into the hands of conservatives who think liberals use 
children as political pawns in an attempt to further their agenda. Thus, this 
will move is unlikely to curry favor with those across the aisle. Further, the 
complaint seems to be geared towards compelling the executive to take action. 
We have already observed how the right reacts to what they consider to be 
executive overreach on issues like Cuba, Syria, immigration, etc.


3) The US is not the Netherlands. If this case somehow made it to SCOTUS, it 
would be a hard sell. Scalia in particular abhors recreational/aesthetic claims 
regarding the environment, and I'm not sure Kennedy would be more sympathetic 
(albeit for different reasons).


As a scholar of environmental law, a student of climate change science, and an 
observer of US politics, I wonder what the end-game is in this situation. Will 
this innovative approach to climate change litigation muster more than 
symbolism and flash-in-the-pan media coverage? I'm curious what others think 
about the utility of pushing for greater emissions reductions at the Federal 
level using tactics like this.


Best,


Josh


-------------------------------------------------------------------
Joshua C. Gellers
Assistant Professor
Department of Political Science and Public Administration
University of North Florida
1 UNF Drive
Jacksonville, FL 32224

SSRN Author page: http://ssrn.com/author=1560115
Website: www.JoshGellers.com<http://www.JoshGellers.com>
Twitter: @JoshGellers
Enviro Rights Map: www.envirorightsmap.org<http://www.envirorightsmap.org>
________________________________
From: [email protected] <[email protected]> on behalf of Cristina 
Inoue <[email protected]>
Sent: Wednesday, August 19, 2015 11:02 AM
To: [email protected]; Aaron Wolf; [email protected]
Subject: [gep-ed] Fwd: 8-year-old takes US government to court over climate 
change

Young Americans from Oregon!

---------- Forwarded message ----------
From: Larissa Basso <[email protected]<mailto:[email protected]>>
Date: Tue, Aug 18, 2015 at 6:08 PM
Subject: 8-year-old takes US government to court over climate change
To: Rede Clim <[email protected]<mailto:[email protected]>>


http://www.rtcc.org/2015/08/14/8-year-old-takes-us-government-to-court-over-climate-change/


By Freya Palmer<https://twitter.com/94Freya>

This week a group of young Americans aged 8-19 filed a lawsuit against the US 
Federal Government to demand greater action on climate change.

The 21 young plaintiffs sought an order from the District Court of Oregon, 
requiring Obama to implement a national plan for the reduction of atmospheric 
concentrations of CO2 to 350 ppm by the year 2100.

This is in line with the international target to keep warming below 2 degrees 
on pre-industrial levels.

The 
Complaint<http://ourchildrenstrust.org/sites/default/files/15.08.12YouthComplaintAgainstUS.pdf>,
 submitted on Wednesday to to coincide with International Youth Day, further 
accuses Obama and the Federal Government of knowingly risking “harm to human 
life, liberty and property” through intensive fossil fuel use.

“The Federal Government has known for decades that CO2 pollution from burning 
fossil fuels was causing global warming and dangerous climate change,” said 
Xiuhtezcatl Tonatiuh Martinez, one of the young claimants and Youth Director of 
Earth Guardians.

“Defendants did nothing to prevent this harm. In fact, my Government increased 
the concentration of CO2 in the atmosphere to levels it knew were unsafe.”

Report: Climate alarm bells ringing, says Arctic-bound Obama 
<http://www.rtcc.org/2015/08/14/climate-alarm-bells-ringing-says-arctic-bound-obama/>

In particular, it highlights the disproportionate impact that today’s emissions 
will have on young people.

Also included in the complaint are the plaintiffs’ individual stories, each 
aiming to show how climate change has already begun to affect them, as well as 
expressing fears for the future.

The stories centre around rural Oregon, where the majority of the young 
claimants reside.

One of the group’s major concerns is for the natural beauty and recreational 
value of Oregon.

Already, they said, increased temperatures, droughts and wildfires have made 
the state’s age-old pastimes of swimming, kayaking, camping and hiking 
unpredictable.

[Levi_800]Rafting enthusiast Zealand reports having to regularly cancel his 
downriver trips due to unfavourable climactic conditions.

Meanwhile, the group said the Oregon coast is suffering from increasing ocean 
temperatures and acidification due to higher levels of atmospheric CO2.

11-year-old Hazel spends a lot of time at the coast, bodysurfing and 
rock-pooling, as well as relying on it as a food source. By the time she is an 
adult, she fears that both of these benefits will be lost.

Perhaps most shocking, is the testimony of 8-year-old Levi Draheim, who lives 
on a barrier island which separates the Indian River Lagoon from the Atlantic 
Ocean. Faced with rising sea levels, Levi has been forced to accept the 
potential loss of his home.

The lawsuit comes in the wake of a similar legal 
case<https://www.indybay.org/newsitems/2015/06/26/18773996.php> in Washington 
which earlier this year set a new, science-based emissions trajectory for the 
state.

Legal action on the climate is a growing phenomenon.

In June of this year, activists in the Netherlands won their case against the 
Dutch government, resulting in the country’s commitment to deeper emissions 
cuts of 25% on 1990 levels by 2020, up from the initial 17%.

- See more at: 
http://www.rtcc.org/2015/08/14/8-year-old-takes-us-government-to-court-over-climate-change/#sthash.tC2FQ8it.dpuf

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Instituto de Relações Internacionais
Universidade de Brasília
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