Three years ago on September 10, 2015, Eugene quietly became an international hotspot for climate-change policy when 21 young plaintiffs filed a constitutional climate lawsuit in the US District Court, stating that the federal government’s inaction on climate-change policy violates their rights to life, liberty, and property. These youths, two of whom are now students at the University of Oregon, have spent the past three years waiting for their court date—and now it’s finally happening.
With the court date on October 29, 2018, Kelsey Juliana and Tia Hatton—both seniors in environmental science—have become master jugglers of academics and case proceedings.
Juliana, 19 when the case was first filed and now 22, has been a climate-change activist since the fifth grade. For her first activist event, she gathered her fellow fifth graders at Autzen Stadium; they dressed in UO cheerleader costumes, put an Earth sticker where the UO symbol is, and chanted, “Stop global warming or we’re all dead Ducks.” A huge crowd gathered around them, and she’s never looked back since.
“From there, it was a series of [incidents of] me taking localized action and feeling unfilled," said Juliana. "What impact was I making? I knew there was more I could do, and climate change was affecting more people’s lives than even I understood.”
Hatton, 18 when the case was first filed and now 21, got involved with climate-change activism during her senior year of high school. As an avid Nordic skier in Bend, Hatton’s concern started when her practices and races were cancelled or moved to areas with better snow conditions.
This change in her favorite pastime immediately raised red flags, spurring Hatton to rally her friends to enact change at a city level in Bend. They pushed the City of Bend to pass an ordinance to curb greenhouse-gas emissions, a smaller version of the federal case she’s involved with now.
Aside from Juliana and Hatton, there are 19 other youths on the case, all of whom are critical to the success and outcome of the case.
“We’re like a family—some of us are best friends and Skype every day, some of us are like siblings to each other," said Juliana. "We’re a very close-knit group. The goal was never to get 21 youths on the case, it just so happened that 21 young people initiated being on this case themselves because of what we all believe in and how it’s affected our lives.”
While it’s too late to join the case filing now, the plaintiff’s team still receives requests and interest from youth all over the globe to get involved. Juliana recently received a direct message on her Instagram account from someone in Spain, asking how to get involved. Since its filing, Juliana, et al., v. United States of America, et al. has inspired cases all over the world, including Pakistan, India, Norway, Canada, and the Philippines.
The national and international fervor surrounding climate-change cases is largely due to these youth’s dedication to fighting them in the courtroom, but several organizations and individuals have been key to the success thus far. Our Children’s Trust, one of the organizational plaintiffs on the case, and James Hansen, one of the nation’s leading climate scientists, worked with the plaintiffs from the outset in Eugene. In addition, a key focus of the case was atmospheric trust litigation, an approach originated by UO professor Mary Wood that “holds governments worldwide accountable for reducing carbon pollution within their jurisdictions.”
All these experts in the community banded together to provide legal expertise and environmental guidance to ensure the case was a constitutional one, not environmental. This allows the plaintiffs to point to the public trust doctrine, a common law that states the government owns and is obligated to protect certain natural and cultural resources preserved for public use.
If all goes according to their plan, the case will force the federal government to compile a climate recovery plan that is scientifically viable. Winning the case would mean the courts acknowledge that the Earth’s atmosphere is a vital resource, necessary for the public, and one that the federal government has an obligation to protect. If this is established in Juliana v. United States, it will pave the path for successful future cases and others currently in process around the globe.
Both Hatton and Juliana feel “Incredibly optimistic and hopeful” about their odds of winning. They’ve been waiting years for a court date, and that’s what they’re focusing on for now. But whether the case is won or lost, both plans to continue their work with climate change in the future.
Juliana plans on coupling her environmental studies degree with a master’s degree in education, and then becoming a fifth grade teacher. She says the intersection between activism and passion has been and will continue to be where progress happens: “Activism is acting on your vision, and my vision is for a stable, healthy, and sustainable future. I want to act on that through teaching about values, resources, and promoting healthy relationships with each other.”
Hatton, a senior, is leaving her options open but is interested in climate-change adaptation and mitigation, or perhaps exploring water resources.
The public is welcome to attend the court hearing in Eugene, which will begin on October 29. It will run Monday through Friday, 9:00 a.m.–4:00 p.m., for up to 10 weeks.
- by Meredith Ledbetter, writing and editing associate. Main image: Sir, by Ante Wessels. Sir was inspired by the anxiety Wessels felt over unchecked climate change. Inside image: Tia Hatton, Kelsey Juliana. Photo by Robin Loznak/Our Children's Trust.