Judge Rules Youth Climate Case Should Go To Trial

Oct 16, 2018

In what plaintiffs call a “sweeping ruling,” U.S. District Court Judge Ann Aiken offered a 62-page decision Monday allowing the constitutional climate lawsuit, Juliana v. United States, to proceed in Eugene at the end of October.

The landmark case, filed by 21 young people, asserts they are being deprived of their constitutional rights by the U.S. government through its creation of a national energy system that causes climate change.

Andrea Rodgers is an attorney with Our Children’s Trust. She says Judge Aiken’s decision allows the youth to proceed with near all of their claims.

Credit Alec Cowan / KLCC

“With the exception of, she dismissed the President of the United States from being a defendant, without prejudice,” Rodgers says, “which means that if we need to add him back in later on in the case we have the right to do that.”

Last Friday, the Trump administration filed an unprecedented third writ of mandamus petition, seeking to have the case stayed pending resolution of their petition to the U.S. Supreme Court.

Rodgers says Judge Aiken’s decision makes clear that Juliana v. United States is going to trail unless a higher court orders otherwise.

U.S. District Court Judge Ann Aiken rules Juliana v. United States should go to trial.
Credit multoco.us

“We are full speed ahead,” Rodgers says. “We are preparing and we will be ready to go to trial on October 29th and we hope that these kids will finally have their day in court.”

The case will be heard at the Federal Courthouse in Eugene.