Berliner Boersenzeitung - Judge weighs court's powers in Trump climate case

EUR -
AED 4.226703
AFN 74.809083
ALL 93.366242
AMD 421.567303
AOA 1055.381468
ARS 1719.449848
AUD 1.640637
AWG 2.074509
AZN 1.957249
BAM 1.956576
BBD 2.321601
BDT 142.336488
BHD 0.434667
BIF 3410.297857
BMD 1.150907
BND 1.478306
BOB 14.033569
BRL 5.874571
BSD 1.152657
BTN 109.839591
BWP 15.677085
BYN 3.369508
BYR 22557.772268
BZD 2.3183
CAD 1.616598
CDF 2603.351104
CHF 0.932579
CLF 0.026962
CLP 1064.60077
CNY 7.771607
CNH 7.778196
COP 3734.151472
CRC 523.600972
CUC 1.150907
CUP 30.499029
CVE 110.308777
CZK 24.207011
DJF 205.26146
DKK 7.475387
DOP 66.865665
DZD 153.041281
EGP 57.680572
ERN 17.263601
ETB 186.04661
FJD 2.550864
FKP 0.85368
GBP 0.857109
GEL 3.004299
GGP 0.85368
GHS 13.469345
GIP 0.85368
GMD 85.167178
GNF 10122.01702
GTQ 8.79449
GYD 241.535856
HKD 9.026072
HNL 30.895859
HRK 7.533949
HTG 150.711776
HUF 364.002457
IDR 20756.603207
ILS 3.50294
IMP 0.85368
INR 109.79449
IQD 1509.986133
IRR 1582784.505965
ISK 141.987624
JEP 0.85368
JMD 182.590083
JOD 0.815949
JPY 181.472098
KES 148.904491
KGS 100.64646
KHR 4657.909243
KMF 492.588362
KRW 1643.48298
KWD 0.356297
KYD 0.960573
KZT 546.782245
LAK 26070.346267
LBP 103225.869268
LKR 387.01359
LRD 208.062572
LSL 19.010244
LTL 3.398328
LVL 0.696172
LYD 7.346916
MAD 10.747665
MDL 20.125987
MGA 4909.884543
MKD 61.549426
MMK 2416.539498
MNT 4135.816267
MOP 9.310814
MRU 46.164719
MUR 54.023553
MVR 17.781718
MWK 1998.76718
MXN 19.920331
MYR 4.716391
MZN 73.540216
NAD 19.010079
NGN 1569.9408
NIO 42.416834
NOK 10.973378
NPR 175.741454
NZD 1.962146
OMR 0.442496
PAB 1.152657
PEN 3.893145
PGK 5.086953
PHP 70.231203
PKR 320.068341
PLN 4.313541
PYG 6875.728699
QAR 4.202068
RON 5.245859
RSD 117.369685
RUB 92.534153
RWF 1690.3488
SAR 4.309143
SBD 9.289148
SCR 16.688095
SDG 690.543907
SEK 11.007905
SGD 1.476441
SLE 28.139459
SOS 658.752847
SRD 43.511182
STD 23821.44602
STN 24.509407
SVC 10.085915
SZL 19.01338
THB 38.486074
TJS 10.645025
TMT 4.028174
TND 3.382442
TRY 54.726187
TTD 7.816034
TWD 37.251971
TZS 3048.749619
UAH 51.704646
UGX 4313.711938
USD 1.150907
UYU 46.358398
UZS 13820.364662
VES 860.707221
VND 30247.555708
VUV 137.015627
WST 3.147144
XAF 656.20887
XAG 0.019618
XAU 0.000284
XCD 3.110383
XCG 2.077406
XDR 0.816117
XOF 656.217426
XPF 119.331742
YER 274.383566
ZAR 19.003001
ZMK 10359.610349
ZMW 21.662409
ZWL 370.591503
  • RBGPF

    1.7800

    70.99

    +2.51%

  • CMSC

    -0.0800

    21.76

    -0.37%

  • GSK

    -0.1800

    51.51

    -0.35%

  • RYCEF

    0.6500

    20.2

    +3.22%

  • AZN

    -11.6700

    157.97

    -7.39%

  • BP

    -0.9600

    44.26

    -2.17%

  • RIO

    -0.9500

    95.9

    -0.99%

  • NGG

    -0.1100

    79.86

    -0.14%

  • BTI

    -1.0900

    59.56

    -1.83%

  • BCE

    0.1100

    21.79

    +0.5%

  • RELX

    0.7400

    36.16

    +2.05%

  • CMSD

    -0.0900

    22.02

    -0.41%

  • JRI

    -0.1400

    12.82

    -1.09%

  • VOD

    -0.1700

    15.61

    -1.09%

  • BCC

    6.6500

    83.03

    +8.01%

Judge weighs court's powers in Trump climate case
Judge weighs court's powers in Trump climate case / Photo: Issam AHMED - AFP

Judge weighs court's powers in Trump climate case

A federal judge overseeing a closely watched climate case on Wednesday pressed the lawyer representing young Americans suing President Donald Trump on whether courts have constitutional authority to rein in his fossil-fuel agenda.

Text size:

On the second and last day of hearings in Missoula, Montana, attorneys delivered final arguments in Lighthiser v. Trump, part of a growing global wave of lawsuits seeking to force climate action amid political inertia or hostility.

The 22 plaintiffs, represented by the nonprofit Our Children's Trust, want a preliminary injunction against three executive orders they say trample their inalieanable rights by seeking to "unleash" fossil fuel development while sidelining renewable energy.

They also accuse the administration of eroding federal climate science, leaving the public less informed about mounting dangers.

The government counters that the lawsuit is undemocratic and echoes Juliana v. United States, a similar youth-led case that wound through the courts for nearly a decade before the Supreme Court declined to hear an appeal last year -- and should be similarly dismissed.

"This case asks whether the United States Constitution guards against executive abuses of power by executive orders that deprive children and youth of their fundamental rights to life and liberties," said Julia Olson, director of Our Children's Trust and the lead lawyer.

"And now that the court has had the opportunity to hear from some of the youth plaintiffs and their expert witnesses, the answer to that question is clear, and it's yes," she said.

But Judge Dana Christensen, who has issued favorable environmental rulings in the past, pressed Olson on whether precedent tied his hands, and asked if granting relief would require him to oversee every subsequent climate action taken by the executive branch.

"What exactly does that look like?" he asked. "I'd be required to continue to monitor the actions of this administration to determine whether or not they are acting in a manner that contravenes my injunction."

- Decision awaited -

Olson argued the case fundamentally differs from Juliana, which sought to upend decades of federal energy policy, while Lighthiser targets only three orders. She urged the court to take inspiration from Brown v. Board of Education, the 1954 ruling that dismantled racial segregation in schools.

Government attorney Michael Sawyer questioned whether the plaintiffs' own choices undermined their claims of injury, pointing to the flights college student Avery McRae takes from her home state Oregon to Florida.

"If she's injured by every additional ton of emissions, why are those emissions allowed to proceed," Sawyer said, "but the emissions that put dinner on the table of a coal miner's family not allowed?"

The fate of the case -- whether it moves toward trial following a preliminary injunction or is tossed out entirely -- may not be clear for weeks or longer.

Michael Gerrard, an environmental law professor at Columbia Law School, told AFP the plaintiffs had made "a strong factual case about the causes and dangers of climate change."

But he added: "It would be plowing new ground for a court to say that there is a substantive due process right under the US Constitution to a stable climate system."

- 'Shouldn't have to miss school' -

Throughout the hearings, plaintiffs presented experts and firsthand accounts of intensifying heat and ever more destructive climate disasters. The government called no witnesses of its own.

Lori Byron, a pediatrician and co-author of government reports, testified children are "uniquely and disproportionately" harmed by climate change because of their developing bodies and dependence on adults.

Energy economist Geoffrey Heal of Columbia University rejected the administration's claim that the country faces an "energy emergency," the legal justification for Trump's orders.

"The evidence of that is when you go to a light switch and flick it the light comes on," he said.

And 17-year-old Isaiah H. of Missoula, an aspiring cross-country runner, described how worsening fires and shrinking snowpack are reducing his ability to ski, run, and spend time outside.

Isaiah recalled how he and his brother once evacuated their house "because the smoke was too bad."

"I shouldn't be having to step in like this, and shouldn't have to miss school and make up tests and assignments just to advocate for my health and safety."

(U.Gruber--BBZ)