President Trump and the DOJ just got a huge win in a landmark global warming lawsuit. The lawsuit was a joke and most observers were stunned when it did not get tossed out of court when it was filed.
21 young environmentalists convinced a judge in Oregon to somehow grant them standing to sue Trump and his administration over climate policy.
Enter the Ninth Circuit Court of Appeals who do not normally side with Trump or his administration on anything,
From The Daily Caller: The Trump administration’s battle against a global warming lawsuit brought by 21 youths will continue into 2019 after a federal court handed the government a big win over the holiday season.
The Ninth Circuit Court of Appeals sided with the Department of Justice (DOJ) in a Dec. 26 ruling largely missed by major media outlets. The court granted DOJ’s petition for interlocutory appeal that decreases the chances of the climate lawsuit going to trial anytime soon.
The three-judge Ninth Circuit panel is the very same one that in March 2018 ruled against Trump administration petitions for a writ of mandamus, which allows a higher court to overrule a lower court before a case is decided.
Our Children’s Trust filed suit against the federal government in 2015 on behalf of 21 youths, aged 11 to 22, arguing their right to a “stable climate system” was being violated. The suit asks the court to order the government to issue laws and regulations to fight global warming.
The government should move “to ensure that atmospheric CO2 is no more concentrated than 350 [parts per million] by 2100 … to stabilize the climate system,” reads the group’s legal complaint.
The youth lawsuit is just one of a handful of global warming lawsuits being brought before state and federal courts in recent years as environmentalists, Democratic politicians and trial lawyers turn to the courts to advance the climate agenda.
Youth activists, however, base their legal reasoning on the idea that the “public trust doctrine” also requires the government to ensure a “stable climate system.” Many legal experts are doubtful activists will succeed in getting the courts to force other branches of government to push climate policies.
The U.S. District Court in Oregon ruled in 2016 the youth plaintiffs had standing to sue, which was reaffirmed by the Ninth Circuit in March.