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Dear Friends,

In March 2020, the 21 youth plaintiffs in Juliana v. United States filed a petition for rehearing en banc with the Ninth Circuit Court of Appeals. Supported by ten “friend of the court” amicus briefs - signed by 24 members of Congress, prominent experts in the fields of constitutional law, climate change, and public health, and several leading women’s, children’s, environmental, and human rights organizations - the petition asked the court to convene a new panel of 11 circuit court judges to review the sharply divided opinion from January 2020 in which the majority “reluctantly” decided federal courts do not have the power to remedy the plaintiffs’ injuries stemming directly from their government’s affirmative actions exacerbating the climate crisis.

Today, the 9th Circuit Court of Appeals, without explanation, denied the youth plaintiffs’ request to rehear their landmark constitutional climate lawsuit. While a judge did call for a vote on whether to rehear the case, a majority of non-recused judges voted no. The court does not tell you how the vote split. Because the court did not correct the significant legal errors made in the January 2020 ruling, we will now seek review in the U.S. Supreme Court. Our youth plaintiffs are also requesting that the Biden-Harris administration defendants and the Department of Justice agree to meet with the plaintiffs to discuss settling their claims through a decree of the court, and thereby protect their rights and the rights of all children to come. 

The U.S. Supreme Court
The sharply divided decision of January 2020 cannot stand. It says that the courts are powerless to set constitutional parameters on what the political branches must and must not do to remedy the climate crisis. In the words of dissenting Judge Staton, it “throws up (the court’s) hands” in the face of humanity’s greatest existential crisis ever, and places that crisis solely in the hands of our ever changing political branches. Until the courts mandate the government stop perpetuating the climate crisis, youth and all humanity will face ever more threatening climate chaos. This is an enormous legal error, one that was not corrected today by the Ninth Circuit. It is now up to the U.S Supreme Court to correct these errors and protect the ability of federal courts to interpret the constitution and resolve controversies through a declaration of law. Or it is up to the Biden-Harris administration to resolve Plaintiffs’ claims and grant them the justice they seek in a binding agreement of the parties signed by the court.

“To quote Judge Staton from January 2020: ‘If Plaintiffs’ fears, backed by the government’s own studies, prove true, history will not judge us kindly.’ Contrary to what some may believe, it does not provide solace to have a new administration at the reins without the judicially enforceable remedy we seek. Political pressure does not recognize the fundamental rights of young people. Political pressures does not give us the due process and equal protection we require. The court does that. Today’s decision will rightfully feel like the court has abandoned its role as the necessary constitutional balance for children, a voteless population. We are now left flailing in the rough seas of political expediency.”
-Nathan B., Juliana Youth Plaintiff

The Biden Administration
Closing the courthouse doors to these youth plaintiffs, as the Ninth Circuit has done, is a great injustice; one that we hope the Biden-Harris Administration will recognize and remedy. As the new defendants in Juliana v. U.S., we call on this new administration to consider two potential paths in their response to the Juliana case from this point forward, both to facilitate justice for the young plaintiffs in the case, as well as to honor the Biden administration's well-publicized intentions to aggressively address the climate crisis: 

  1. We ask the Biden administration to instruct their government lawyers at the Department of Justice to change course and join the Juliana plaintiffs in saying that a declaration of constitutional rights is well within the Article III authority of federal courts and the 1934 Declaratory Judgment Act passed by Congress, and to not argue against children’s access to justice in their briefing to the U.S. Supreme Court.
  2. We ask them to come to the table with the Juliana plaintiffs, their attorneys, and their experts to commit to science-based climate remedies to address the harms and violation of fundamental rights experienced by these young people.

President Biden has declared that climate change is the “number one issue facing humanity” and has repeatedly stated that tackling the climate crisis is his top priority. He has told children that their government will now work for them. The futures of these youth plaintiffs and of children around the nation and across the globe, depend on him honoring his commitment to his own declarations and responding lawfully and meaningfully to the Juliana plaintiffs. While today’s ruling was not what we sought, we will exercise the many paths forward in this case and we will not stop advocating and persevering until a safe climate is recognized as a constitutional right for youth around the globe. We call on the Biden-Harris Administration to join young people in this urgent race for justice.

“I hope and need the Biden administration to hear what the youth are saying, and to recognize how we are disproportionately affected by climate change and we will face the consequences of this administration’s actions and all the past administration’s actions. I hope that President Joe Biden will understand the crisis we’re in, stop fighting our claims and our rights, and will decide to come to the settlement table in our case.”
-Sahara V., Juliana Youth Plaintiff

Angry But Determined
Maybe you are discouraged by this news. We encourage you instead to feel angry but determined. Angry at the courts for shirking their responsibility to protect the rights of our children. Angry at the judges who are unwilling to give these children their day in court. Angry that the path to justice for these brave young people has been made so difficult and so delayed. Angry that they are still being denied their day in court, the opportunity to present evidence on how their own government is causing them harm. 

Friends, every major struggle for justice has had to forge a difficult and winding path, marked by soaring victories and crushing defeats. Ours is no different. But we know we are on the right side of history and we are not discouraged. We are angry and we are determined. And we will not give up until we secure justice for these and all youth, and every one of our children. 

The necessary paths forward will be arduous and time-critical. If you are able, please support our efforts as we persevere to secure climate justice for youth and future generations by making a donation to this legal effort today.   

Thank you for your ongoing support of these brave climate advocates and our work on their behalf. Together with you, we can achieve the science-based climate mitigation necessary to leave all children a safe future, before it is too late.

Onward,
The Team at Our Children’s Trust
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OCT is a 501(c)(3) nonprofit.  EIN # 27-3094382
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