The 16 young people we represent in Held v. State of Montana made history with their colossal win in August. Then recently, as expected, the State of Montana filed their notice of appeal.
We are now preparing to present our arguments to the Montana Supreme Court on behalf of our young clients and we are confident that Judge Seeley’s ruling will be upheld! Once the Montana Supreme Court rules, that will be the final word because state constitutional cases like this don’t go to the U.S. Supreme Court.
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We’ll share more about the state’s appeal – including how YOU can take action in solidarity with the Montana youth – soon!
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Utah youth plaintiffs and Our Children's Trust Senior Staff Attorney Andrew Welle heading to the courthouse in Salt Lake City, November 2022 (Photo by Robin Loznak)
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We’ve also advanced our youth-led case in Utah, submitting our opening brief to the Utah Supreme Court, alongside amicus curiae (“friend of the court”) briefs by the ACLU and ACLU of Utah, the American Academy of Pediatrics - Utah Chapter, Voices for Utah Children, Utah Moms for Clean Air, Utah Physicians for a Healthy Environment, and a group of 37 law professors from 25 law schools.
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Juliana v. U.S. youth plaintiff Isaac prepares to speak to the White House Environmental Justice Advisory Council in Washington D.C., September 2023 (Photo by Liz Lee)
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In youth-led advocacy news, last month Juliana v. U.S. youth plaintiff Isaac testified at a virtual public meeting with the White House Environmental Justice Advisory Council. Isaac urged members to:
- Recognize that children have fundamental, constitutionally-protected rights to a safe climate that should be protected by courts.
- Advise the White House Council of Environmental Quality and White House Environmental Justice Interagency Council to align their policies to allow youth, especially children within environmental justice (EJ) communities, access to courts.
- Tell the U.S. Department of Justice to cease its efforts to preclude the Juliana plaintiffs access to their courts to seek judicial protection of their rights.
- Urge Congress to pass the Children’s Fundamental Rights and Climate Recovery resolution that recognizes children’s rights and demands a climate recovery plan!
You can join Isaac in his plea to the U.S. Department of Justice to end their opposition to his case proceeding to trial. Contact the DOJ today and tell Attorney General Merrick Garland: Let the Youth Be Heard!
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Claudia, youth plaintiff in Layla H. v. Commonwealth of Virginia, accepting award on behalf of Julia Olson and Our Children’s Trust, October 2023 (Photo by Elizabeth Dickinson)
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Our heartfelt thanks for your outpouring of support following our win in Montana. We so appreciate the recognition we have received by our colleagues and so honored by the awards we have received:
- TIME named Rikki Held to the Time100 NEXT list for her leadership and determination to create a better future.
- The Climate Change Leadership Institute presented Our Children’s Trust with their 2023 Climate Courage Award “for most commendably representing young people and honoring their right to a healthy and livable climate”
- The International Center for the Study, Prevention and Treatment of MultiGenerational Legacies of Trauma honored Julia Olson with the Repairer Excellence Award “for founding Our Children’s Trust, trailblazing an inspiring path to victory and hope in the first U.S. children’s constitutional climate trial.”
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Navahine F. v. Hawaiʻi Department of Transportation youth plaintiffs after their hearing in January 2023. These 14 young people are headed to trial next Summer! (Photo by Robin Loznak)
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We are actively preparing the next wave of climate litigation building upon the win in Montana, including preparations for trial in Navahine F. v. Hawaiʻi Department of Transportation.
We also anticipate decisions soon from the courts hearing Juliana v. United States and La Rose v. His Majesty the King, as well as dates to be scheduled to appear before the Montana Supreme Court and Virginia Court of Appeals.
Lastly, we have several additional new developments and exciting things to share before the end of the year. So stay tuned!
In gratitude and solidarity,
The Team at Our Children’s Trust
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