QEW Supports Plaintiffs in Juliana v. U.S. Urge Dismissal of Trump's Mandamus Petition

Eight amicus briefs, from legal scholars, religious, women’s, libertarian, and environmental groups, including QEW, alongside legal nonprofits, displayed resounding legal support for denying the mandamus petition, and allowing the Juliana v. U.S. case to proceed to trial on February 5, 2018. Read the press release below and the BeFriending Creation article about the case here

GROUPS   SUPPORTING   PLAINTIFFS   IN    JULIANA   v.   U.S.    URGE DISMISSAL   OF   TRUMP’S   MANDAMUS   PETITION

San   Francisco   -   Today (September 5th, 2017), powerful   voices   of   support   for    Juliana   v.   United   States    youth   plaintiffs   in their   landmark   climate   case   filed    amicus   curiae    (friend   of   the   court)   briefs   in   opposition   to   the Trump   Administration’s   mandamus   petition   with   the   Ninth   Circuit   Court   of   Appeals.   In   all,   eight amicus   briefs,   from   legal   scholars,   religious,   women’s,   libertarian,   and   environmental   groups, alongside   legal   nonprofits,   displayed   resounding   legal   support   for   denying   the   mandamus petition,   and   allowing   the    Juliana   v.   U.S.    case   to   proceed   to   trial   on   February   5,   2018.

On   June   9th ,   the   Trump   Administration   filed   its    mandamus   petition,   arguing   intervention   in   the case   by   the   Ninth   Circuit   was   necessary   due   to   what   the   Trump   Administration   characterized   as burdensome   discovery   issues.   On   August   28th,   attorneys   for   the   youth   plaintiffs   filed    their   answer to   the   petition    with   the   Ninth   Circuit,   making   clear   that   the   U.S.   government   already   admitted that   its   actions   imperil   youth   plaintiffs   with   “dangerous,   and   unacceptable   economic,   social,   and environmental   risks.”   The   Trump   Administration   has   until   September   11th   to   reply   to   the   youth plaintiffs’   answer   before   the   Ninth   Circuit   panel   makes   its   ruling.

Before   the   Trump   administration   filed   its   mandamus   petition,   the   District   Court   of   Oregon issued   an   order    for   trial   to   begin   on   February   5,   2018   in   Eugene,   Oregon,   with   Judge   Ann   Aiken presiding.   On   August   25th ,   the   District   Court   of   Oregon   also   submitted     a   letter ,   signed   by   federal Judge   Ann   Aiken    and    Magistrate   Judge   Thomas   Coffin,    to   the   Ninth   Circuit   stating,   “In short,   we   do   not   believe   that   the   government   will   be   irreversibly   damaged   by   proceeding   to trial.”

Victoria   Barrett ,   18,    Juliana   v.   US    youth   plaintiff,   said:

“We're   living   in   a   world   right   now   where   it's   becoming   increasingly   integral   to   have allies   that   care   about   the   quality   of   life   that   future   generations   will   have.   The   support   that our   lawsuit   is   receiving   indicates   that   there   are   still   people   who   care   about   protecting what   is   right.”

Jacob   Lebel,    20,     Juliana   v.   US    youth   plaintiff,   said:

“It’s   an   amazing,   heartwarming   feeling   to   have   the   support   of   all   these   accomplished organizations   and   individuals   and   to   know   that   they   have   our   backs   in   this   fight.      Right now,   my   home   in   Oregon   is   choking   in   smoke   while   the   Southwest   drowns   in floodwaters.   It   makes   me   hopeful   that   communities   of   faith   and   global   advocacy   groups are   standing   united   to   defend   youth’s   right   to   safe   climate   and   I   look   forward   to   moving rapidly   to   trial.”

Michael   Brune ,   Executive   Director,   Sierra   Club   said:

“The   Trump   Administration   has   made   clear   that   its   number   one   goal   is   protecting   the profits   of   corporate   polluters   instead   of   the   lives   of   vulnerable   communities   and   future generations.   Rather   than   wrestle   with   how   to   address   the   climate   crisis,   President   Trump and   his   appointees   are   working   overtime   in   a   vain   attempt   to   write   it   out   of   existence.   The Sierra   Club   is   proud   to   support   these   brave   kids   who   are   showing   the   world   what   true climate   leadership   is   by   speaking   truth   to   power,   seeking   their   day   in   court,   and   holding the   U.S.   government   accountable   for   protecting   their   lives   and   their   future.”

Erika   Lennon ,   Senior   Attorney   at    Center   for   International   Environmental   Law   (CIEL) ,   said: “The   government’s   attempt   to   circumvent   the   judicial   process   and   avoid   discovery   is inappropriate,   misguided,   and   should   be   denied.”

Julia   Olson  ,   co-lead   counsel   for   plaintiffs   and   executive   director   of   Our   Children’s   Trust,   said:

“ Juliana   v.   U.S.    raises   critical   constitutional   claims   that   the   District   Court   is   ready   to hear.   When   the   U.S.   government   takes   actions   that   cause   climate   danger,   those   actions violate   the   rights   of   our   youth   plaintiffs.   These   distinguished   legal   scholars   and   diverse advocacy   organizations   have   weighed   in   powerfully   on   the   side   of   the   youth   and   their right   to   proceed   to   trial.”

Phil   Gregory  ,   co-lead   counsel   for   plaintiffs   and   partner   with   Cotchett,   Pitre   &   McCarthy,   LLP, in   Burlingame,   CA,   said:

“The   unanimous   support   of   these   various   groups,   from   the   League   of   Women   Voters,   to the   Sierra   Club,   to   the   Niskanen   Center,   shows   that   the   Trump   Administration’s   writ should   be   denied.      These   amicus   briefs   echo   the   need   for   the   courts   to   give   the   youth plaintiffs   access   to   a   trial   that   will   protect   their   rights.   After   the   devastation   of   Hurricane Harvey,   we   must   take   steps   now   to   properly   protect   the   youth   of   America   from horrendous   damage   of   the   growing   climate   crisis.”

Juliana   v.   United   States    was   brought   by   21   young   plaintiffs,   and   Earth   Guardians,   who   argue   that their   constitutional   and   public   trust   rights   are   being   violated   by   the   government’s   creation   of climate   danger.    The   case   is   one   of   many   related   legal   actions   brought   by   youth   in   several   states and   countries,   all   supported   by   Our   Children’s   Trust,   seeking   science-based   action   by governments   to   stabilize   the   climate   system.

Read the press release here along with links to the amicis briefs.

“We're living in a world right now where it's becoming increasingly integral to have allies that care about the quality of life that future generations will have. The support that our lawsuit is receiving indicates that there are still people who care about protecting what is right.”

Victoria Barrett