Groundbreaking Decision: Judge Protects Right to Stable Clim

Groundbreaking Decision: Judge Protects Right to Stable Clim

Postby admin » Tue Dec 29, 2015 3:53 am

Groundbreaking Decision: Judge Protects Right to Stable Climate in Washington Case
by Our Children's Trust
November 21, 2015

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The youths' very survival depends upon the will of their elders to act now, decisively and unequivocally, to stem the tide of global warming, before doing so becomes first too costly and then too late.

Seattle, Washington – Late at night on November 19, 2015, King County Superior Court Judge Hollis R. Hill issued a groundbreaking ruling in the unprecedented case of eight youth petitioners who requested that the Washington Department of Ecology write a carbon emissions rule that protects the atmosphere for their generation and those to come.

In a landmark decision, Judge Hill declared “[the youths’] very survival depends upon the will of their elders to act now, decisively and unequivocally, to stem the tide of global warming…before doing so becomes first too costly and then too late.” Highlighting inextricable relationships between navigable waters and the atmosphere, and finding that separating the two is “nonsensical,” the judge found the public trust doctrine mandates that the state act through its designated agency “to protect what it holds in trust.” The court confirmed what the Washington youth and youth across the nation have been arguing in courts of law, that “[t]he state has a constitutional obligation to protect the public’s interest in natural resources held in trust for the common benefit of the people.”

“It’s incredible to have the court finally say that we do have a right to a healthy atmosphere and that our government can’t allow it to be harmed,” said 13-year-old petitioner Gabriel Mandell. “This ruling means that what the Department of Ecology does going forward in its rulemaking has to protect us, the kids of Washington, and not just us, but future generations too, like my children and those to come. Now they can’t decide to protect short-term economic fears and ignore us because we have constitutional and public trust rights to a stable climate!”

The court validated the youths’ claims that the “scientific evidence is clear that the current rates of reduction mandated by Washington law. . . cannot ensure the survival of an environment in which [youth] can grow to adulthood safely.” The judge determined that the State has a “mandatory duty” to “preserve, protect, and enhance the air quality for the current and future generations,” and found the state’s current standards to fail that standard dramatically for several reasons.

Read Judge Hill's decision
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