The US Court of Appeals for the Ninth Circuit on Thursday granted the Trump administration a temporary stay in an environmental suit brought by young Americans.
The suit was originally brought in 2015 by 21 young Americans ranging from 11-22 years of age alleging that the US government has created a national energy system that causes climate change, effectively violating the youths’ constitutional right to life, liberty and property. The action was brought invoking Article III, Section 2 of the Constitution, arguing “that grant of equitable jurisdiction requires Article III courts to apply the underlying principles of the Constitution to new circumstances unforeseen by the framers, such as the irreversible destruction of the natural heritage of our whole nation.” The plaintiffs hope for a court order for the government to take action and create a plan that includes reducing CO2 emissions to an atmospheric concentration of 350 ppm or less by 2100.
The government has attempted to stay proceedings prior to the current action culminating in the Ninth Circuit’s present grant of temporary stay in order for the court to consider the petition for writ of mandamus filed November 5. The plaintiffs must file a response to the petition in 15 days, with the government being able to respond to that document five days after its filing.
Later Thursday, in a status conference US District Court Judge Ann Aiken expressed that she would quickly give a date for the trial once the Ninth Circuit lifts the stay.
Our Children’s Trust, the nonprofit organization supporting the youth plaintiffs in their case has resources regarding the suit including major court orders and filings, press releases by the organization, media coverage and other information about the ongoing proceedings.