Supreme Court Will Not Hear Public Trust Case
Three Degrees Warmer, in partnership with Our Children’s Trust and its national network of legal supporters, filed an amicus brief with the U.S. Supreme Court last month. Today, we learned that the Supreme Court declined to hear the case. Here is the note I received from Our Children’s Trust Climate Law Fellow, Nate Bellinger, sharing the news. With the New York Time‘s breaking story exposing the collusion of Attorneys General with the energy industry to curtail needed changes to our national energy policies, it is critical to enlist lawyers that will fight this breach of trust in the law.
Dear Supporters, Hours ago, we received notice from the U.S. Supreme Court that it decided not to hear our young people’s case seeking protection of essential natural resources for the benefit of future generations. Of course, we are gravely disappointed, but we are also realistic. The Supreme Court decides to hear only 75-80 of the 10,000 worthy cases it receives each year, and only 3 of the 119 cases it reviewed in its last conference. In our case, we suspect the court wants a deeper split between the Circuits than currently exists between the 8th, 9th, and 10th Circuit decisions favoring our position, and the D.C. Circuit decision.
With yesterday’s front page New York Times article uncovering the massive and funded big energy lobby focused on defeating all efforts that implement responsible climate policy, the nature of the opposition we all face in trying to advance science-based climate recovery at all levels of government is huge. Our Children’s Trust has been building new federal cases to secure science-based climate recovery policy nationally, and to return to the Supreme Court if necessary.
We will expand our efforts to enforce individual states’ responsibilities to preserve the atmosphere for the benefit of future generations, and will advance select global and local efforts to do the same. Piecemeal legislative and executive actions not based on nature’s laws will simply never get us where we need to be. We need judicial declarations that government must act systemically to stabilize our climate.
We are so grateful for your support as a “friend of the Court” in this case. We hope to have your continued support as we respond promptly to the strong resistance we face and keep the pressure on the courts so science-based climate recovery is implemented comprehensively and quickly, and before it is too late.
Thank you. We will alert you to our next steps at the federal level in the very near future and welcome your support.
Three Degrees Warmer President Lauren Sancken and Executive Director Jen Marlow will be presenting their paper “Relocation in a Regulatory Void” about Kivalina’s climate displacement in the Alaskan Arctic next Tuesday, March 6, at UW School of Law in Seattle (12:30 to 1:20 pm).
Watch videos from the Kivalina Community Center Renovation.
Relocation in a Regulatory Void: Three Degrees Warmer Publishes Article in Climate Law Journal’s Special Issue on Climate Displacement
In November, Three Degrees Warmer Co-Director, Jen Marlow, and Board President Lauren Sancken, co-authored an article published in Climate Law, an international peer-reviewed journal for lawyers and legal scholars on the “many legal issues that arise internationally and at the state level as climate law continues to evolve.”