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Monday, 19 September 2016 00:00

"It's Time We Were Heard": Another Day in Court for Climate Kids

Written by Deirdre Fulton | Common Dreams
Eighteen of the 21 youth plaintiffs and two of their siblings show solidarity with the Standing Rock Sioux Tribe in opposing the Dakota Access Pipeline. Eighteen of the 21 youth plaintiffs and two of their siblings show solidarity with the Standing Rock Sioux Tribe in opposing the Dakota Access Pipeline. (Photo: Our Children's Trust)

With Big Oil behind it, the government has sought to dismiss the case, which has been called 'the most important lawsuit on the planet right now'

In a federal courthouse in Oregon on Tuesday, 21 youths and their supporters argued that by failing to act on climate change, the U.S. government has violated the youngest generation's constitutional rights.

With Big Oil behind it, the government, in turn, has sought to dismiss the case, which has been called "the most important lawsuit on the planet right now."

The plaintiffs, currently aged 9-20, scored a win in April when U.S. Magistrate Judge Thomas Coffin decided the case could proceed.

On Tuesday, the kids and their attorneys hoped that U.S. District Court Judge Ann Aiken would agree.

As John D. Sutter wrote in his profile of plaintiffs' attorney Julia Olson for CNN, the goal is to get Aiken, "a Bill Clinton appointee, to feel the weight of the court's responsibility to do what other branches of government so far have failed to do: Create a national plan to get greenhouse gas emissions to levels that scientists consider safe."

Sutter wrote:

Some legal scholars consider the climate kids' case to be a long shot. Olson will argue that the federal government, by failing to adequately regulate greenhouse gas pollution and by continuing to lease new federal lands and waters for fossil fuel extraction, as recently as this year, is violating the kids' constitutional right to life, liberty, and property. (Warming is causing the seas to rise, for example, and one plaintiff lives in coastal Florida). She'll also claim that children are a class that's being discriminated against when it comes to climate change: They're not causing this problem, and yet they will be disproportionately subjected to its dire consequences.

Consider 13-year-old plaintiff Jayden Foytlin, a resident of Rayne, Louisiana. For her, Tuesday's hearing comes just one month after the waters from a catastrophic 1,000-year flood "crept into her bedroom in the middle of the night and destroyed most of her family's home," as Our Children's Trust, the group behind the suit, said in a statement.

"They called it a thousand-year flood, meaning it should only happen every thousand years or so," Foytlin said ahead of the hearing. "But in my state—Louisiana—we have had that 1,000-year flood and eight 500-year floods in less than two years. A few weeks ago I literally stepped out of bed and was up to my ankles in climate change."

She continued: "Soon I will leave my home, which is still a mess—no walls, no carpet, even my little brothers toys were destroyed! But I feel like I have to go to court, because my little brother can't speak for himself, he's too little. But I can speak for him, and for everyone in my generation. It's time we were heard. It's time President Obama protects our future, and my little brother's future."

As John Light explained on Tuesday for BillMoyers.com:

The aim of the suit is to have a court—the Supreme Court, if the suit advances that far through the legal system—to require the federal government to address climate change more aggressively through laws and regulations. Lawyers in the case draw comparisons to the federal response to Brown v. Board of Education, the 1954 Supreme Court decision that required the desegregation of schools. In that case, "judges found there were fundamental constitutional rights to equality and courts supervised the enforcement of those rights," Mary Christina Wood, a law professor at the University of Oregon, told BillMoyers.com last year. Our Children's Trust is hoping for a similar outcome on the issue of climate change.

A press conference will be held after the hearing, around 12pm PDT. Updates were being shared from inside and outside the courthouse on social media under the hashtag #kidsvgov:

Link to original article from Common Dreams

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Rev. Rodney Sadler

Dr. Sadler's work in the community includes terms as a board member of the N.C. Council of Churches, Siegel Avenue Partners, and Mecklenburg Ministries, and currently he serves on the boards of Union Presbyterian Seminary, Loaves and Fishes, the Hispanic Summer Program, and the Charlotte Chapter of the NAACP. His activism includes work with the Community for Creative Non-Violence in D.C., Durham C.A.N., H.E.L.P. Charlotte, and he has worked organizing clergy with and developing theological resources for the Forward Together/Moral Monday Movement in North Carolina. Rev. Sadler is the managing editor of the African American Devotional Bible, associate editor of the Africana Bible, and the author of Can a Cushite Change His Skin? An Examination of Race, Ethnicity, and Othering in the Hebrew Bible. He has published articles in Interpretation, Ex Audito, Christian Century, the Criswell Theological Review, and the Journal of the Society of Biblical Literature and has essays and entries in True to Our Native Land, the New Interpreter's Dictionary of the Bible, the Westminster Dictionary of Church History, Light against Darkness, and several other publications. Among his research interests are the intersection of race and Scripture, the impact of our images of Jesus for the perpetuation of racial thought in America, the development of African American biblical interpretation in slave narratives, the enactment of justice in society based on biblical imperatives, and the intersection of religion and politics.

Rev. Rodney Sadler

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North Carolina Forward Together/Moral Monday Movem
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Ernie Powell has been involved in public policy, progressive campaigns and grassroots efforts since the mid 1960's. He worked as a boycott organizer with the United Farm Workers from 1968 until 1973. He then became a community organizer in Santa Monica, California involved in affordable housing advocacy while working with others in laying the foundation for one of the most progressive local rent control measures in the country. He organized on behalf of environmental and coastal access and preservation issues in California as well. Beginning in 1993 he served as Advocacy Representative and later as Manager of Advocacy for AARP in California working on national and state issues. He left AARP in 2012 to work as Field Director for the National Committee to Preserve Social Security and Medicare in Washington D.C. In late 2013 he returned to California and started a consulting business. He is a consultant with Social Security Works and is organizing groups nationally to fight for the protection and expansion of Social Security. He also consults with the California Long Term Care Ombudsman Association on issue impacting nursing home reform. He is a frequent author for Zocalo Public Square having just authored a piece on Social Security's 80th Birthday about the early impact of the Townsend Plan in building toward the passage of Social Security. Ernie has hosted two radio shows - the "Grassroots Corner" on "We Act Radio" in Washington D.C.and "the Campaign with Ernie Powell" at Radio Titans in Los Angeles. His focus for over 25 years has been on public policy issues impacting older Americans. He is a nationally recognized expert on grassroots organizing and campaigns. He is 66 years old and resides in Los Angeles, Ca.

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