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Two teenagers are suing the state of Oregon to take action to prevent climate change.
“If the state does not act now, we are facing irreversible, catastrophic crises,” said Kelsey Juliana, age 19, one of the plaintiffs in the case.
The case relies on a unique legal approach to address the issue. The plaintiffs claim that the government is responsible for protecting the atmosphere under the Public Trust Doctrine, a legal theory that states that governments must preserve natural resources.
The theory has mostly been used to guarantee public access to waterways, but starting in the 1970s lawyers began arguing that it should also apply to other resources.
But some legal experts say this approach is not effective and that the issue goes beyond the scope of what states can control, according to Richard Stewart, an environmental law professor at NYU.
“The atmosphere is global and greenhouse gases mix globally. So Oregon can by no means solve the problem, even the problem in Oregon,” Stewart said.
Juliana began raising awareness on climate change in 5
th
grade when she organized a protest with her soccer team. In 2011, Juliana and another plaintiff filed the suit along with Our Children’s Trust, an environmental activist group that has also backed lawsuits in 14 other states.
“It’s only our generation that can deal with this problem and stop the irreversible impacts that we’re causing,” said Julia Olson, an environmental attorney with Our Children’s Trust.
Warm up questions
- What is climate change? Where do we see evidence of climate change?
- What do you know about the way courts work? What might be a climate change-related case that ends up in a state court?
Critical thinking questions
- What is the goal of this lawsuit? How are the plaintiffs using the Public Trust Doctrine to make their argument?
- One critique of this lawsuit’s strategy is that states cannot independently address climate change. Do you agree? Why or why not?
- How can governments take actions to prepare for the long-term effects of climate change?
