1 00:00:10,280 --> 00:00:13,880 Speaker 1: Welcome to Drilled. I'm your host, Amy Westerbilt. We're working 2 00:00:13,920 --> 00:00:16,840 Speaker 1: on our next investigative series. It's now going to come 3 00:00:16,840 --> 00:00:18,880 Speaker 1: out in January, but trust me, the way it will 4 00:00:18,920 --> 00:00:21,400 Speaker 1: be worth it. In the meantime, we're bringing you updates 5 00:00:21,400 --> 00:00:24,120 Speaker 1: on some of the other climate lawsuits going on, some 6 00:00:24,160 --> 00:00:26,480 Speaker 1: of the cases that we've mentioned in the past. Today, 7 00:00:26,560 --> 00:00:29,720 Speaker 1: reporter Emily Gertz is joining US. Emily publishes a newsletter, 8 00:00:29,800 --> 00:00:34,440 Speaker 1: Deregulation Nation, that tracks the Trump administration's environmental rollbacks. She 9 00:00:34,520 --> 00:00:37,720 Speaker 1: also contributes to Drilled quite a bit, and today Emily 10 00:00:37,760 --> 00:00:41,199 Speaker 1: looked at two different cases where children are demanding climate 11 00:00:41,240 --> 00:00:44,920 Speaker 1: action through the US courts and international law. Emily, thanks 12 00:00:44,920 --> 00:00:46,920 Speaker 1: for being here. Oh, you're welcome. 13 00:00:46,960 --> 00:00:47,880 Speaker 2: It's great to be here. 14 00:00:48,600 --> 00:00:51,520 Speaker 3: So first, I feel like I should say that these 15 00:00:51,760 --> 00:00:55,480 Speaker 3: quote unquote children are now all like teams and twenty 16 00:00:55,560 --> 00:00:57,120 Speaker 3: year old, but. 17 00:00:59,320 --> 00:01:01,640 Speaker 2: Most of them in the first case we're going to 18 00:01:01,680 --> 00:01:04,040 Speaker 2: talk about, yes, quite a few of them are no 19 00:01:04,120 --> 00:01:06,959 Speaker 2: longer miners, but some of them still are. Some of 20 00:01:07,000 --> 00:01:07,640 Speaker 2: them still are. 21 00:01:08,560 --> 00:01:11,559 Speaker 3: Yeah. Okay, So let's look at this case that's working 22 00:01:11,600 --> 00:01:13,520 Speaker 3: its way through the federal courts. This is the one 23 00:01:13,560 --> 00:01:15,840 Speaker 3: that we've been hearing about for the last few years. 24 00:01:15,920 --> 00:01:17,800 Speaker 3: Juliana versus United States. 25 00:01:17,880 --> 00:01:22,040 Speaker 2: Yeah, this story begins back in August of twenty fifteen. 26 00:01:22,680 --> 00:01:26,280 Speaker 2: That's when this group of twenty one young people, all 27 00:01:26,319 --> 00:01:30,840 Speaker 2: of them at the time were eighteen or younger, sued 28 00:01:30,880 --> 00:01:34,640 Speaker 2: the United States over climate change. The named plaintiff in 29 00:01:34,680 --> 00:01:38,160 Speaker 2: the case, who was nineteen at the time, is from Eugene, 30 00:01:38,160 --> 00:01:42,560 Speaker 2: Oregon and named Kelsey Juliana. So they filed the suit 31 00:01:42,640 --> 00:01:46,240 Speaker 2: in federal District Court in Eugene, Oregon, and it's the 32 00:01:46,360 --> 00:01:50,840 Speaker 2: name of the case became Juliana versus United States. The 33 00:01:50,880 --> 00:01:53,960 Speaker 2: main charge that these young people are bringing is that 34 00:01:54,040 --> 00:01:57,920 Speaker 2: by promoting the continued production and use of fossil fuels, 35 00:01:58,320 --> 00:02:03,440 Speaker 2: the US government has quote violated their fundamental constitutional rights 36 00:02:03,440 --> 00:02:08,400 Speaker 2: to freedom from deprivation of life, liberty, and property quote. 37 00:02:09,480 --> 00:02:12,520 Speaker 2: I spoke with one of the youth plaintiffs named Nathan Barring, 38 00:02:12,960 --> 00:02:16,760 Speaker 2: who was fifteen then and is twenty now, and he 39 00:02:16,880 --> 00:02:19,880 Speaker 2: told me about why he got involved in the case. 40 00:02:20,480 --> 00:02:23,800 Speaker 4: I was born in Fairbanks, Alaska. I am actually at 41 00:02:23,880 --> 00:02:27,880 Speaker 4: third generation Alaskan, so my grandparents moved up before statehood, 42 00:02:27,880 --> 00:02:30,160 Speaker 4: and my mom was also born in a small coastal 43 00:02:30,200 --> 00:02:36,600 Speaker 4: fishing village, and essentially, I to sum it up, I 44 00:02:36,760 --> 00:02:41,639 Speaker 4: was very involved in local environmental issues that were disconnected 45 00:02:41,639 --> 00:02:45,480 Speaker 4: from climate change. For a few years. I wrote my 46 00:02:45,520 --> 00:02:47,560 Speaker 4: first letter to the editor when I was thirteen about 47 00:02:47,600 --> 00:02:52,919 Speaker 4: actually air quality that was connected to woodsmoke from woodstoves. 48 00:02:53,480 --> 00:02:57,600 Speaker 4: So that was just a human a completely local human 49 00:02:57,680 --> 00:03:00,680 Speaker 4: problem that had nothing to do with climate change. But 50 00:03:00,760 --> 00:03:03,560 Speaker 4: as I got more involved in those in that kind 51 00:03:03,560 --> 00:03:08,160 Speaker 4: of advocacy, I quickly realized that the most pressing environmental 52 00:03:08,240 --> 00:03:12,040 Speaker 4: challenge that Alaska and the Arctic was facing was climate change, 53 00:03:12,840 --> 00:03:16,040 Speaker 4: especially when you know the figure that the Arctic is 54 00:03:16,080 --> 00:03:18,080 Speaker 4: warming twice as fast as the rest of the world 55 00:03:18,200 --> 00:03:20,480 Speaker 4: hit me. I realized that, you know, we might lose 56 00:03:21,160 --> 00:03:24,280 Speaker 4: this Arctic identity before you know, the end of my lifetime. 57 00:03:24,639 --> 00:03:29,000 Speaker 2: What changes have you seen in your lifetime in your 58 00:03:29,080 --> 00:03:30,160 Speaker 2: part of Alaska? 59 00:03:30,200 --> 00:03:32,760 Speaker 4: Sure, and I don't even you know, I don't even 60 00:03:32,760 --> 00:03:35,600 Speaker 4: have to keep it only in my lifetime, but certainly 61 00:03:35,640 --> 00:03:37,400 Speaker 4: in the amount of in the time that my parents 62 00:03:37,480 --> 00:03:39,880 Speaker 4: have been there. You know, it's very pronounced how much 63 00:03:40,000 --> 00:03:43,840 Speaker 4: milder and warmer and wetter the winters have gotten. You know, 64 00:03:43,880 --> 00:03:47,880 Speaker 4: the prevalence of winter ice storms, which you know when 65 00:03:47,920 --> 00:03:51,280 Speaker 4: the Chinook winds will blow in from the south and 66 00:03:51,360 --> 00:03:54,040 Speaker 4: it'll go from you know, twenty below to thirty two 67 00:03:54,040 --> 00:03:56,600 Speaker 4: above overnight basically, and then it'll rain and then it 68 00:03:56,600 --> 00:03:59,440 Speaker 4: will freeze again. It coats the whole ground and everything 69 00:03:59,440 --> 00:04:02,360 Speaker 4: in a thick lege or ice, which is you know, 70 00:04:02,480 --> 00:04:06,840 Speaker 4: detrimental to all conditions of life. So that would include 71 00:04:06,880 --> 00:04:09,800 Speaker 4: things like you know, driving that will usually cancel school 72 00:04:09,840 --> 00:04:13,080 Speaker 4: for that kind of thing. You know, there's tons of 73 00:04:13,120 --> 00:04:17,960 Speaker 4: problems in other areas of the state with things like 74 00:04:17,960 --> 00:04:22,360 Speaker 4: permafrost melt that are very connected to infrastructure, but of 75 00:04:22,360 --> 00:04:25,560 Speaker 4: course even more connected to the climate as a whole. 76 00:04:25,880 --> 00:04:28,240 Speaker 4: As methane is is four times as potent of a 77 00:04:28,240 --> 00:04:31,719 Speaker 4: greenhouse gas as you know, carbon dioxide, So when that 78 00:04:31,760 --> 00:04:35,000 Speaker 4: permafrost melts, it's releasing all of that methane into the atmosphere. 79 00:04:36,800 --> 00:04:40,200 Speaker 4: And you know, Alaska such a state that we practically 80 00:04:40,240 --> 00:04:43,279 Speaker 4: have like four or five different climates up there. So 81 00:04:43,320 --> 00:04:46,080 Speaker 4: when you look at places like on the coast, we're 82 00:04:46,120 --> 00:04:48,560 Speaker 4: seeing how the salmon runs are being affected by the 83 00:04:48,680 --> 00:04:51,560 Speaker 4: warming oceans and the ocean acidification that's coming as a 84 00:04:51,560 --> 00:04:54,359 Speaker 4: result of climate change. And then when you look up north, 85 00:04:54,760 --> 00:04:57,920 Speaker 4: especially in the Northwest, which is really pronounced. We're seeing 86 00:04:57,960 --> 00:05:01,200 Speaker 4: how the loss of Sea I in the formation of 87 00:05:01,240 --> 00:05:05,359 Speaker 4: CEA isolator in the year is leading to horrific coastal 88 00:05:05,360 --> 00:05:08,760 Speaker 4: erosion that is actually taking entire indigenous communities that have 89 00:05:08,800 --> 00:05:12,159 Speaker 4: been there for centuries just right away into the ocean, 90 00:05:12,240 --> 00:05:13,560 Speaker 4: so that they're forced to relocate. 91 00:05:13,880 --> 00:05:17,520 Speaker 3: I'm just going to jump in here to underscore the 92 00:05:17,640 --> 00:05:19,800 Speaker 3: point of the case because it gets it has been 93 00:05:19,839 --> 00:05:25,040 Speaker 3: misreported so many times as suing the government for not 94 00:05:25,120 --> 00:05:28,200 Speaker 3: acting on climate change, which is not what it is. 95 00:05:28,800 --> 00:05:34,120 Speaker 3: It's suing them for, you know, continuing to subsidize fossil 96 00:05:34,120 --> 00:05:39,960 Speaker 3: fuel production, continuing to create and adopt policies that tie 97 00:05:40,080 --> 00:05:44,760 Speaker 3: us to automotive transportation as like the sole mode of transportation, 98 00:05:45,279 --> 00:05:48,239 Speaker 3: all of that stuff. So it's really like the moves 99 00:05:48,240 --> 00:05:50,760 Speaker 3: that the government has made to lock us into a 100 00:05:50,880 --> 00:05:55,719 Speaker 3: fossil fueled economy, not failing to act on climate change, 101 00:05:55,760 --> 00:05:59,560 Speaker 3: which is how it has been reported a lot of times, 102 00:05:59,600 --> 00:06:01,920 Speaker 3: and I still see people saying that today. 103 00:06:02,000 --> 00:06:05,800 Speaker 2: Yeah, and that is actually a point that when I 104 00:06:05,839 --> 00:06:09,280 Speaker 2: speak to legal experts about this case, and when I've 105 00:06:09,800 --> 00:06:12,960 Speaker 2: spoken to the lead lawyer in the case, Julia Olsen, 106 00:06:13,360 --> 00:06:15,880 Speaker 2: that is a point they try to get out that 107 00:06:15,960 --> 00:06:19,760 Speaker 2: this isn't This case isn't about failure to act. This 108 00:06:19,880 --> 00:06:26,280 Speaker 2: case is about actually taking actions that are violating the 109 00:06:26,279 --> 00:06:28,760 Speaker 2: constitutional rights of the plaintiffs. 110 00:06:28,960 --> 00:06:29,200 Speaker 3: Yeah. 111 00:06:29,520 --> 00:06:32,720 Speaker 2: Yeah, So that's Nathan Barring, one of the youth plaintiffs, 112 00:06:32,760 --> 00:06:36,120 Speaker 2: describing the effects of climate change that he and his 113 00:06:36,240 --> 00:06:40,200 Speaker 2: parents have already seen in Alaska. Several of the plaintiffs, 114 00:06:40,360 --> 00:06:44,720 Speaker 2: like Kelsey, who are from Oregon, have experienced intense droughts 115 00:06:44,760 --> 00:06:49,080 Speaker 2: and wildfires, and another is a New Yorker who experienced 116 00:06:49,080 --> 00:06:52,840 Speaker 2: the blackout caused by Hurricane Sandy. The youngest plane is 117 00:06:52,920 --> 00:06:55,320 Speaker 2: in this case is a twelve year old boy, he's 118 00:06:55,360 --> 00:06:58,920 Speaker 2: twelve now, who lives in a Florida Barrier Island and 119 00:06:59,279 --> 00:07:02,599 Speaker 2: they're dealing with with algael blooms and more intense storms 120 00:07:02,760 --> 00:07:08,440 Speaker 2: driven by warming oceans. So this is not theoretical. This 121 00:07:08,480 --> 00:07:12,720 Speaker 2: isn't in the future. These children are growing up and 122 00:07:12,800 --> 00:07:16,760 Speaker 2: young people are experiencing their young adulthoods with the impacts 123 00:07:16,760 --> 00:07:21,120 Speaker 2: of climate change actively affecting their lives for the worst. 124 00:07:21,360 --> 00:07:25,800 Speaker 3: That's really fascinating, and especially it really it's kind of 125 00:07:25,840 --> 00:07:29,040 Speaker 3: striking that he's twelve now, so he was seven years 126 00:07:29,080 --> 00:07:33,280 Speaker 3: old when this case was initially broad. That's incredible. Okay, 127 00:07:33,280 --> 00:07:36,160 Speaker 3: So these kids are suing the government for keeping policies 128 00:07:36,160 --> 00:07:38,720 Speaker 3: in place that are harming them and, by extension, all 129 00:07:38,840 --> 00:07:43,400 Speaker 3: children by making climate change worse. What's the legal question 130 00:07:43,480 --> 00:07:44,440 Speaker 3: at stake? Right? 131 00:07:44,960 --> 00:07:48,160 Speaker 2: Here's John Schwartz, a New York Times climate reporter who's 132 00:07:48,160 --> 00:07:51,720 Speaker 2: been covering this case, and he describes it very clearly 133 00:07:52,160 --> 00:07:57,520 Speaker 2: from your perspective as a reporter, What is the nut 134 00:07:57,720 --> 00:07:59,680 Speaker 2: of this litigation? 135 00:08:00,080 --> 00:08:02,400 Speaker 5: The question they're trying to get answered is is there 136 00:08:02,440 --> 00:08:10,520 Speaker 5: a constitutional right to a healthy climate, to a climate 137 00:08:10,960 --> 00:08:14,520 Speaker 5: that doesn't veer off into dangerous climate change with the 138 00:08:14,560 --> 00:08:17,360 Speaker 5: sort of temperature changes in extreme weather and the stuff 139 00:08:17,360 --> 00:08:19,640 Speaker 5: we're starting to see now, in which we will be 140 00:08:19,640 --> 00:08:22,600 Speaker 5: seeing much much more of as time goes on, if 141 00:08:22,640 --> 00:08:26,920 Speaker 5: we don't take the kind of action that's necessary to it. 142 00:08:27,280 --> 00:08:30,320 Speaker 3: So why not sue the producers of oil, coal and 143 00:08:30,400 --> 00:08:34,319 Speaker 3: natural gas like some of the communities that we've talked 144 00:08:34,320 --> 00:08:36,760 Speaker 3: about and talked to on drilled well. 145 00:08:36,840 --> 00:08:40,520 Speaker 2: Julia Olsen, the lead lawyer in the case that which 146 00:08:40,559 --> 00:08:43,840 Speaker 2: is to say, the lead lawyer for the youth plaintiffs, 147 00:08:44,360 --> 00:08:47,760 Speaker 2: says that they've suited the government because Ultimately, it's the 148 00:08:47,800 --> 00:08:53,040 Speaker 2: government's active support of fossil fuels that violates the constitutional 149 00:08:53,160 --> 00:08:57,960 Speaker 2: rights of these young people. Here's how Julia Olsen explains 150 00:08:58,000 --> 00:08:58,920 Speaker 2: that well. 151 00:08:59,000 --> 00:09:03,880 Speaker 6: As a lawyer, I'm looking at the party most responsible 152 00:09:04,000 --> 00:09:07,959 Speaker 6: for causing the harm, and I'm also looking at the 153 00:09:08,679 --> 00:09:14,400 Speaker 6: remedy that's available to really stop the climate emergency from 154 00:09:14,440 --> 00:09:18,320 Speaker 6: worsening and to begin to redress it so that we 155 00:09:18,360 --> 00:09:24,000 Speaker 6: can protect these fundamental life support resources for these young people. 156 00:09:24,960 --> 00:09:29,400 Speaker 6: And when I look at the party most responsible, it 157 00:09:29,480 --> 00:09:34,959 Speaker 6: is the United States government, historically and presently because of 158 00:09:36,080 --> 00:09:41,880 Speaker 6: the government's creation of promotion, of support of a national 159 00:09:41,960 --> 00:09:46,800 Speaker 6: fossil fuel energy system, and now, you know, particularly under 160 00:09:46,840 --> 00:09:51,600 Speaker 6: this administration, a push to be what the President calls 161 00:09:51,800 --> 00:09:56,720 Speaker 6: energy dominant in the world, and in this administration's view, 162 00:09:56,840 --> 00:10:02,199 Speaker 6: that means fossil fuel energy dominant, you know, promoting and 163 00:10:02,240 --> 00:10:08,240 Speaker 6: facilitating the extraction and exportation of our domestic fossil fuel 164 00:10:08,240 --> 00:10:11,600 Speaker 6: resources so that the rest of the world can continue 165 00:10:11,679 --> 00:10:15,760 Speaker 6: using them as well as us use them domestically. So 166 00:10:16,160 --> 00:10:21,520 Speaker 6: the case is about the government's affirmative acts that have 167 00:10:22,240 --> 00:10:25,520 Speaker 6: put these young people in a position of danger and 168 00:10:25,640 --> 00:10:29,560 Speaker 6: continue to act in ways that are enhancing the danger 169 00:10:29,640 --> 00:10:33,559 Speaker 6: for young people. I think it's a question of inner 170 00:10:33,679 --> 00:10:38,679 Speaker 6: generational injustice. I think it's discriminating against the young people 171 00:10:38,720 --> 00:10:43,120 Speaker 6: living today, but also all future generations and people who 172 00:10:43,120 --> 00:10:44,240 Speaker 6: aren't even yet born yet. 173 00:10:44,600 --> 00:10:47,600 Speaker 3: So really interesting thing about this case, alongside this big 174 00:10:47,679 --> 00:10:51,079 Speaker 3: new question that it's asking about a constitutional right to 175 00:10:51,120 --> 00:10:54,160 Speaker 3: a Liverpool climate, is that it's still in court at all. 176 00:10:54,600 --> 00:10:57,800 Speaker 3: It's been There's like, so many people have tried to 177 00:10:57,800 --> 00:11:00,520 Speaker 3: get this thrown out the Obama administration and tried to 178 00:11:00,559 --> 00:11:03,520 Speaker 3: have it dismissed without any hearings or a trial, and 179 00:11:03,640 --> 00:11:07,520 Speaker 3: so has the Trump administration. But federal judges have rejected 180 00:11:07,559 --> 00:11:10,760 Speaker 3: those attempts, and the Supreme Court also turned the Trump 181 00:11:10,920 --> 00:11:13,480 Speaker 3: Justice Department down when it tried to leap over the 182 00:11:13,559 --> 00:11:16,120 Speaker 3: lower courts to get it thrown out, which is a 183 00:11:16,160 --> 00:11:20,439 Speaker 3: real indication that, like, you know, the court system wants 184 00:11:20,480 --> 00:11:21,400 Speaker 3: to see this case. 185 00:11:21,679 --> 00:11:25,520 Speaker 2: Yeah, that's right. It's even more amazing considering that the 186 00:11:25,559 --> 00:11:29,280 Speaker 2: fossil fuel industry initially joined the government to try and 187 00:11:29,360 --> 00:11:33,200 Speaker 2: stop the case. In that process, the government and the 188 00:11:33,280 --> 00:11:37,480 Speaker 2: industry essentially agreed with the kids that climate change is real, 189 00:11:38,440 --> 00:11:42,320 Speaker 2: a fact that may surprise some people who are activists 190 00:11:42,360 --> 00:11:45,720 Speaker 2: in this realm, but they did allow that that was true. 191 00:11:45,840 --> 00:11:48,679 Speaker 2: Climate change is real and it's a huge threat to 192 00:11:49,000 --> 00:11:52,920 Speaker 2: the well being of these young people. But what the 193 00:11:52,920 --> 00:11:55,960 Speaker 2: government and the fossil fuel industry jointly argued at that 194 00:11:56,080 --> 00:12:01,160 Speaker 2: point was that the government has no constitutional to do 195 00:12:01,240 --> 00:12:07,439 Speaker 2: anything about that. So the trial is not about whether 196 00:12:07,480 --> 00:12:12,560 Speaker 2: climate change is real. It's about whether the Constitution can 197 00:12:12,600 --> 00:12:19,200 Speaker 2: be read to guarantee people the right to a stable climate, 198 00:12:19,240 --> 00:12:21,480 Speaker 2: you might say, the right to a climate in which 199 00:12:21,520 --> 00:12:25,920 Speaker 2: they can pursue life and liberty and happiness. 200 00:12:26,800 --> 00:12:31,120 Speaker 3: I mean, it really feels to me like the life 201 00:12:31,200 --> 00:12:36,000 Speaker 3: part is pretty valid, Like people are dying already. All 202 00:12:36,040 --> 00:12:39,920 Speaker 3: the projections are showing that that is going to be 203 00:12:40,200 --> 00:12:44,880 Speaker 3: part of climate change, and yeah, it's really is It's 204 00:12:44,920 --> 00:12:48,760 Speaker 3: really interesting. Okay, So fast forward to June twenty seventeen. 205 00:12:49,400 --> 00:12:51,760 Speaker 3: Fossil feel industry drops out of the case. Do we 206 00:12:51,800 --> 00:12:52,160 Speaker 3: know why. 207 00:12:52,480 --> 00:12:56,439 Speaker 2: Well, we don't know exactly why, but we can speculate 208 00:12:56,920 --> 00:12:59,960 Speaker 2: from their perspective. At that point it may have become 209 00:13:00,240 --> 00:13:03,959 Speaker 2: too risky to stay on board with the government because 210 00:13:04,000 --> 00:13:07,040 Speaker 2: at that point it became more likely that the case 211 00:13:07,160 --> 00:13:10,120 Speaker 2: was going to go to trial. When the case goes 212 00:13:10,160 --> 00:13:13,240 Speaker 2: to trial, of course, all the parties become subject to 213 00:13:13,280 --> 00:13:17,040 Speaker 2: pre trial discovery, which for the industry might have well 214 00:13:17,080 --> 00:13:23,800 Speaker 2: meant giving Julia Olsen, this lawyer for the youth plaintiffs materials, 215 00:13:25,400 --> 00:13:30,599 Speaker 2: you know, internal company documents about climate change or policy lobbying, 216 00:13:30,800 --> 00:13:34,640 Speaker 2: whatever is relevant to the case. And this could be 217 00:13:34,679 --> 00:13:39,559 Speaker 2: stuff they'd rather keep private, and therefore, from their perspective, 218 00:13:40,640 --> 00:13:42,920 Speaker 2: getting off the case at that point may have made 219 00:13:42,960 --> 00:13:43,439 Speaker 2: more sense. 220 00:13:45,600 --> 00:13:50,240 Speaker 3: Okay, So where does Juliana versus the United States stand now? 221 00:13:50,400 --> 00:13:53,679 Speaker 2: Well, this past June, lawyers for both sides appeared at 222 00:13:53,679 --> 00:13:57,480 Speaker 2: a hearing before a three judge panel, a federal three 223 00:13:57,559 --> 00:14:00,440 Speaker 2: judge panel. The judges asked them both a lot of 224 00:14:00,480 --> 00:14:03,920 Speaker 2: tough questions about climate change and about the legal basis 225 00:14:03,960 --> 00:14:06,800 Speaker 2: for the case to go to trial, and now we're 226 00:14:06,880 --> 00:14:10,760 Speaker 2: waiting for their decision. John Schwartz of The New York Times, 227 00:14:10,760 --> 00:14:13,559 Speaker 2: who I spoke to about the case, says, there's really 228 00:14:13,600 --> 00:14:16,600 Speaker 2: no way to know whether or not the judges will 229 00:14:16,640 --> 00:14:18,040 Speaker 2: allow the case to go to trial. 230 00:14:18,600 --> 00:14:20,680 Speaker 5: There are many things that can happen. Then, as they say, 231 00:14:20,760 --> 00:14:23,480 Speaker 5: with a forward pass, you know, three things can happen. 232 00:14:23,560 --> 00:14:26,120 Speaker 5: Two of them are bad. The case can get derailed, 233 00:14:26,520 --> 00:14:29,040 Speaker 5: it can go back down to the district court and 234 00:14:29,120 --> 00:14:31,240 Speaker 5: the trial can begin, or they can make it, or 235 00:14:31,280 --> 00:14:34,080 Speaker 5: they can issue their decision, and either or the other 236 00:14:34,160 --> 00:14:36,840 Speaker 5: side will appeal to the United States Supreme Court. Again, 237 00:14:36,880 --> 00:14:41,360 Speaker 5: It's been before the Supreme Court twice on these interlocutory motions, 238 00:14:41,400 --> 00:14:44,160 Speaker 5: on these appeals that come up before you even get 239 00:14:44,200 --> 00:14:45,040 Speaker 5: to start the trial. 240 00:14:50,960 --> 00:14:54,640 Speaker 3: So there's an equally exciting international case going on right 241 00:14:54,720 --> 00:14:59,160 Speaker 3: This is involving Swedish climate activist Gretathenburg and a handful 242 00:14:59,200 --> 00:15:01,400 Speaker 3: of other climate activists yep YEP. 243 00:15:01,840 --> 00:15:05,240 Speaker 2: On the same day as the United Nations Climate Summit 244 00:15:05,320 --> 00:15:10,040 Speaker 2: in September, Tunberg and fifteen other young people from around 245 00:15:10,080 --> 00:15:14,000 Speaker 2: the world filed a complaint with the United Nations against 246 00:15:14,160 --> 00:15:20,560 Speaker 2: five countries. Those countries are Argentina, Brazil, France, Germany and Turkey. 247 00:15:21,240 --> 00:15:24,400 Speaker 2: And the complaint that these young people have made and 248 00:15:24,520 --> 00:15:28,160 Speaker 2: these this group of people is aged eight to seventeen. 249 00:15:29,080 --> 00:15:33,080 Speaker 2: They state that by continuing to promote fossil fuels and 250 00:15:33,240 --> 00:15:38,000 Speaker 2: failing to curb carbon emissions fast enough, that these countries 251 00:15:38,040 --> 00:15:42,920 Speaker 2: are threatening their lives in future livelihoods, which they say 252 00:15:43,240 --> 00:15:47,720 Speaker 2: violates their human rights under a very specific international treaty 253 00:15:47,760 --> 00:15:50,080 Speaker 2: called the Convention of the Rights of the Child. 254 00:15:50,360 --> 00:15:53,440 Speaker 3: That's super interesting. So as you were saying the list 255 00:15:53,480 --> 00:15:56,480 Speaker 3: of countries, I was like, why wasn't the United States 256 00:15:56,480 --> 00:15:58,800 Speaker 3: included in this? But it's, of course, because the United 257 00:15:58,800 --> 00:16:02,400 Speaker 3: States hasn't signed on to the Convention of the. 258 00:16:01,120 --> 00:16:05,480 Speaker 2: Right I mean, which is you know, which I mean 259 00:16:05,600 --> 00:16:08,920 Speaker 2: isn't specific to that treaty. The US actually doesn't sign 260 00:16:08,960 --> 00:16:14,240 Speaker 2: on to many international treaties because of the feeling that 261 00:16:14,760 --> 00:16:19,440 Speaker 2: it would be handing off sovereignty of domestic policy to 262 00:16:20,240 --> 00:16:23,640 Speaker 2: foreign entity. So yeah, so so, I mean, it feels 263 00:16:23,720 --> 00:16:26,840 Speaker 2: especially morally glaring that we're not signed on to this, 264 00:16:27,160 --> 00:16:29,560 Speaker 2: you know, a treaty protecting the rights of children. But 265 00:16:29,840 --> 00:16:33,440 Speaker 2: in international terms, unfortunately, it's not that unusual. 266 00:16:35,880 --> 00:16:39,880 Speaker 3: Okay, So this sound this case sounds pretty similar to 267 00:16:40,120 --> 00:16:42,640 Speaker 3: the Juliata complaint, is it? Or are they making a 268 00:16:42,720 --> 00:16:44,200 Speaker 3: totally different argument there? 269 00:16:44,240 --> 00:16:49,600 Speaker 2: There are some at least superficial similarities between this international 270 00:16:49,640 --> 00:16:53,880 Speaker 2: case and the Juliana versus United States case. Both groups 271 00:16:53,920 --> 00:16:58,160 Speaker 2: of children are making similar accusations that governments are actively 272 00:16:58,240 --> 00:17:01,200 Speaker 2: doing things right now that are going to intensify future 273 00:17:01,240 --> 00:17:04,560 Speaker 2: climate change, and that they're doing them despite knowing that 274 00:17:04,600 --> 00:17:07,880 Speaker 2: those actions will make things worse for the children who 275 00:17:07,960 --> 00:17:11,320 Speaker 2: are alive today and worse than they might otherwise have 276 00:17:11,400 --> 00:17:16,120 Speaker 2: to be if the government was ramping down climate emissions sooner. 277 00:17:17,080 --> 00:17:20,159 Speaker 2: I spoke with Ramine Pajan of Earth Justice, one of 278 00:17:20,200 --> 00:17:23,920 Speaker 2: the co councils in this United Nations complaint, and here's 279 00:17:23,960 --> 00:17:26,000 Speaker 2: how he contrasts the two cases. 280 00:17:26,560 --> 00:17:29,280 Speaker 7: First of all, that Juliana case is extremely important, and 281 00:17:30,720 --> 00:17:35,200 Speaker 7: our case really is a supplement to that case. These 282 00:17:35,320 --> 00:17:39,480 Speaker 7: those kind of cases where children are bringing are challenging 283 00:17:39,560 --> 00:17:45,240 Speaker 7: actions and in actions of their respective governments in their 284 00:17:45,240 --> 00:17:50,480 Speaker 7: countries is very important, and our case is a little 285 00:17:50,520 --> 00:17:55,600 Speaker 7: bit different. And I think the first difference is in 286 00:17:55,920 --> 00:17:59,159 Speaker 7: the case of Juliana, we haven't named the United States 287 00:17:59,240 --> 00:18:02,439 Speaker 7: as a party because, as I said earlier, they have 288 00:18:02,560 --> 00:18:06,040 Speaker 7: not agreed to this treaty, the only country in the 289 00:18:06,040 --> 00:18:09,840 Speaker 7: world that has not agreed to it. The other really 290 00:18:09,880 --> 00:18:14,600 Speaker 7: big difference is that we are bringing a claim. These petitioners, 291 00:18:14,640 --> 00:18:18,880 Speaker 7: these youths, are bringing a claim against five countries together, 292 00:18:19,840 --> 00:18:22,680 Speaker 7: which means that for them to do that at the 293 00:18:22,800 --> 00:18:26,879 Speaker 7: national level, they would need to bring five different cases 294 00:18:26,960 --> 00:18:30,719 Speaker 7: and five different countries. And we argue that that's really 295 00:18:31,080 --> 00:18:34,360 Speaker 7: burdensome and costly. But not only that, if they were 296 00:18:34,400 --> 00:18:38,520 Speaker 7: to bring a case in Brazil, they could not challenge 297 00:18:38,640 --> 00:18:43,560 Speaker 7: the actions or inactions for example, Turkey through Brazilian court 298 00:18:43,640 --> 00:18:49,320 Speaker 7: cases because of foreign sovereign immunity principles. So the type 299 00:18:49,359 --> 00:18:52,960 Speaker 7: of case that we're bringing is sort of directed at 300 00:18:53,000 --> 00:18:56,240 Speaker 7: five countries. It would be too hard to bring them 301 00:18:56,720 --> 00:18:59,920 Speaker 7: in each country. But then also from a legal perspective, 302 00:19:00,040 --> 00:19:05,040 Speaker 7: we're making arguments about international cooperation and the need for 303 00:19:05,240 --> 00:19:07,440 Speaker 7: each of these countries that we have brought the case 304 00:19:07,440 --> 00:19:11,359 Speaker 7: against to do more at the international level to ensure 305 00:19:11,400 --> 00:19:14,800 Speaker 7: that other polluters are also reducing their emissions. So that 306 00:19:15,320 --> 00:19:19,080 Speaker 7: particular claim is a little bit different than the typically 307 00:19:19,160 --> 00:19:22,640 Speaker 7: the kind of claims that are brought at the national 308 00:19:22,760 --> 00:19:23,480 Speaker 7: level courts. 309 00:19:23,800 --> 00:19:26,880 Speaker 2: So that was Ramin Pajan. According to him, these five 310 00:19:26,920 --> 00:19:31,000 Speaker 2: countries are significant in three ways. The five countries that 311 00:19:31,119 --> 00:19:34,640 Speaker 2: are named in this complaint, they're among the biggest historical 312 00:19:34,720 --> 00:19:38,800 Speaker 2: and current greenhouse gas emitters. Each has agreed that children 313 00:19:38,840 --> 00:19:42,080 Speaker 2: from their countries can make human rights complaints against them 314 00:19:42,640 --> 00:19:46,080 Speaker 2: and seek justice under the Human Rights of the Child Treaty. 315 00:19:46,800 --> 00:19:50,119 Speaker 2: And each of these countries is a member of the 316 00:19:50,240 --> 00:19:52,920 Speaker 2: G twenty group of major economic powers. 317 00:19:53,119 --> 00:19:56,680 Speaker 3: So if the UN finds against them here and they 318 00:19:56,720 --> 00:19:59,159 Speaker 3: curb their support for fossil fuels as a result, it 319 00:19:59,240 --> 00:20:02,680 Speaker 3: might put some sort of pressure on other wealthy nations 320 00:20:02,720 --> 00:20:05,600 Speaker 3: to follow suit. Yeah, is that like a fair assumption. 321 00:20:06,240 --> 00:20:10,840 Speaker 2: That's the working assumption as best I can take away. 322 00:20:11,119 --> 00:20:15,479 Speaker 2: Some nations take following these UN agreements more seriously than 323 00:20:15,520 --> 00:20:18,360 Speaker 2: the US often seems to do, or at least they 324 00:20:18,359 --> 00:20:21,440 Speaker 2: don't like being called out publicly on not following them. 325 00:20:22,160 --> 00:20:26,240 Speaker 2: Jean and his co counsul Michael Hosfeld say that they 326 00:20:26,280 --> 00:20:29,919 Speaker 2: would not have brought this suit. Excuse me, it's not 327 00:20:29,960 --> 00:20:32,200 Speaker 2: a suit, it's a complaint. They would not have brought 328 00:20:32,280 --> 00:20:35,920 Speaker 2: this complaint if they didn't think it could ultimately pressure 329 00:20:36,000 --> 00:20:39,640 Speaker 2: big carbon polluters to work harder and faster to get 330 00:20:39,680 --> 00:20:40,760 Speaker 2: off fossil fuels. 331 00:20:41,040 --> 00:20:45,080 Speaker 3: That's super interesting. I imagine that the fact that Greta 332 00:20:45,160 --> 00:20:48,560 Speaker 3: has become world famous probably helps with the kind of 333 00:20:48,720 --> 00:20:52,040 Speaker 3: public shaming or like call out on this too. Who 334 00:20:52,080 --> 00:20:54,880 Speaker 3: are some of the other kids that have joined this complaint? 335 00:20:54,880 --> 00:20:57,800 Speaker 2: Well, this is truly a global group of people. There 336 00:20:57,800 --> 00:21:00,960 Speaker 2: are two suites, Greta and an eight year old Sammi 337 00:21:01,040 --> 00:21:05,960 Speaker 2: reindeer herder named ellen Ann, and the other kids in 338 00:21:06,000 --> 00:21:12,680 Speaker 2: this complaint come from Argentina, Brazil, France, Germany, India, Palau, 339 00:21:12,800 --> 00:21:18,680 Speaker 2: the Marshall Islands, Nigeria, South Africa, Tunisia and the United States. 340 00:21:18,800 --> 00:21:23,919 Speaker 3: Wow, that's an incredible group. So there are American kids 341 00:21:23,920 --> 00:21:26,720 Speaker 3: on this complaint too. How does that work if they're not? 342 00:21:28,320 --> 00:21:30,639 Speaker 3: I don't know, like, do the complainants have to be 343 00:21:30,960 --> 00:21:35,439 Speaker 3: from some of the countries that are being charged here? 344 00:21:35,720 --> 00:21:38,520 Speaker 2: Yeah? You know. Actually that's a good question of why 345 00:21:39,240 --> 00:21:43,560 Speaker 2: they found some plaintiffs from the United States to join 346 00:21:43,600 --> 00:21:47,000 Speaker 2: this complaint when the US isn't a signatory on the treaty, 347 00:21:48,119 --> 00:21:50,560 Speaker 2: And to be honest, I would have to follow up 348 00:21:50,760 --> 00:21:54,240 Speaker 2: to learn more about that. One of those Americans, though, 349 00:21:54,359 --> 00:21:58,440 Speaker 2: is Carl Smith. He's a seventeen year old Upac from 350 00:21:58,600 --> 00:22:03,680 Speaker 2: western Alaska. Like ellen Ann, the Swedish Sami girl, he's 351 00:22:03,720 --> 00:22:07,080 Speaker 2: an indigenous person whose ancient way of life depends on 352 00:22:07,160 --> 00:22:11,639 Speaker 2: a reliably colder climate, and they both live in or 353 00:22:11,680 --> 00:22:14,399 Speaker 2: near the Arctic, which has already warmed up much faster 354 00:22:14,520 --> 00:22:17,639 Speaker 2: than most of the rest of the world. There's another 355 00:22:17,680 --> 00:22:21,800 Speaker 2: American on the case. Her name is Alexandria via Signor. 356 00:22:22,400 --> 00:22:26,760 Speaker 2: She's fourteen and she's also a Friday's for Future School 357 00:22:26,840 --> 00:22:30,119 Speaker 2: strike leader here in New York City, and she and 358 00:22:30,160 --> 00:22:33,359 Speaker 2: I talked about why she's part of this case. 359 00:22:33,720 --> 00:22:36,360 Speaker 8: Yeah, so I guess what had actually made me get 360 00:22:36,400 --> 00:22:40,359 Speaker 8: involved in organizing and becoming a climate actvis was I 361 00:22:40,480 --> 00:22:44,040 Speaker 8: was visiting family back in northern California, where I was 362 00:22:44,080 --> 00:22:47,600 Speaker 8: born and raised, and I was visiting family when the 363 00:22:47,760 --> 00:22:51,280 Speaker 8: Paradise Fire broke out, and so Paradise had quickly became 364 00:22:51,400 --> 00:22:55,600 Speaker 8: the worst wildfire in California's history, and many people died 365 00:22:55,640 --> 00:22:58,240 Speaker 8: and lost their loved ones, and a lot of homes 366 00:22:58,280 --> 00:22:59,119 Speaker 8: were destroyed. 367 00:22:59,560 --> 00:23:01,560 Speaker 9: And I was so close to this fire, and I 368 00:23:01,680 --> 00:23:02,399 Speaker 9: was seeing what. 369 00:23:02,320 --> 00:23:05,640 Speaker 8: Was happening to the community around us, and as well 370 00:23:05,880 --> 00:23:09,399 Speaker 8: experiencing that smoke. The smoke was seeping into my house. 371 00:23:10,119 --> 00:23:13,080 Speaker 8: It was inflaming my asthma and making me very sick, 372 00:23:13,240 --> 00:23:16,560 Speaker 8: and seeing how people were in the community were handing 373 00:23:16,560 --> 00:23:20,520 Speaker 8: out these face masks to keep out the harmful particles 374 00:23:20,560 --> 00:23:23,400 Speaker 8: from the smoke. But the face mass didn't actually keep 375 00:23:23,440 --> 00:23:27,600 Speaker 8: out what was harmful to you. It was actually you 376 00:23:27,680 --> 00:23:31,359 Speaker 8: weren't protecting yourself from from the effects and so that 377 00:23:31,440 --> 00:23:34,960 Speaker 8: shows how we are so unprepared to really protect ourselves 378 00:23:35,400 --> 00:23:38,840 Speaker 8: from the climate crisis. And so because of how I 379 00:23:38,960 --> 00:23:41,959 Speaker 8: was in such a unsafe situation, my family had to 380 00:23:42,400 --> 00:23:45,200 Speaker 8: send me back to New York City early. And at 381 00:23:45,200 --> 00:23:48,000 Speaker 8: that point, once I got back, I was really upset 382 00:23:48,480 --> 00:23:49,560 Speaker 8: and I wanted to. 383 00:23:49,680 --> 00:23:51,840 Speaker 9: Get involved and I wanted to do something about it. 384 00:23:52,000 --> 00:23:54,679 Speaker 8: And so I started to research the effects of the 385 00:23:54,680 --> 00:23:58,560 Speaker 8: climate crisis, and I started to research wildfires, and I 386 00:23:58,560 --> 00:24:02,399 Speaker 8: saw the connection between climate change in California's wildfires. And 387 00:24:02,480 --> 00:24:04,920 Speaker 8: because of that, that made me want to take action 388 00:24:05,080 --> 00:24:08,400 Speaker 8: and really do something and make my voice heard. And 389 00:24:08,480 --> 00:24:11,679 Speaker 8: only after seeing Gretitenberg speak at COP twenty four is 390 00:24:11,720 --> 00:24:14,560 Speaker 8: what made me know what I could do and what 391 00:24:14,600 --> 00:24:16,399 Speaker 8: I could really do to make my voice heard. 392 00:24:16,800 --> 00:24:19,840 Speaker 9: And so that is why I started my weekly climate 393 00:24:19,880 --> 00:24:23,560 Speaker 9: strike on December fourteenth of twenty eighteen. And it was 394 00:24:23,600 --> 00:24:24,640 Speaker 9: after seeing how the. 395 00:24:24,600 --> 00:24:28,680 Speaker 8: Climate crisis is affecting my hometown, but also seeing. 396 00:24:28,400 --> 00:24:31,320 Speaker 9: How the climate crisis is hitting people all around the world. 397 00:24:32,000 --> 00:24:35,119 Speaker 3: So COP twenty four, which she mentions, there was the 398 00:24:35,160 --> 00:24:39,680 Speaker 3: twenty eighteen International Climate Treaty Conference in Poland, which didn't 399 00:24:39,720 --> 00:24:42,720 Speaker 3: really move the needle on global climate action right. 400 00:24:43,119 --> 00:24:46,560 Speaker 2: It was a letdown, just like September's UN Climate Summit, 401 00:24:47,240 --> 00:24:50,479 Speaker 2: and just like the Poland meeting. It's what young people 402 00:24:51,000 --> 00:24:53,840 Speaker 2: and not nations did at these meetings that seems to 403 00:24:53,880 --> 00:24:56,639 Speaker 2: have had the biggest impact so far in terms of 404 00:24:56,640 --> 00:24:59,400 Speaker 2: building support to slash fossil fuels. 405 00:25:00,000 --> 00:25:02,480 Speaker 3: It comes next with this UN children's case. 406 00:25:02,640 --> 00:25:06,159 Speaker 2: Well, now we're waiting to hear if the UN Committee 407 00:25:06,200 --> 00:25:09,040 Speaker 2: on the Rights of the Child takes up the case. 408 00:25:09,640 --> 00:25:13,760 Speaker 2: If they do, they'll start investigating the charges that the 409 00:25:14,240 --> 00:25:17,840 Speaker 2: young people have made, and that could include getting testimony 410 00:25:17,920 --> 00:25:21,000 Speaker 2: from the kids and others on the climate effects of 411 00:25:21,040 --> 00:25:25,960 Speaker 2: continuing to promote the use of fossil fuels. Eventually, this 412 00:25:26,080 --> 00:25:29,800 Speaker 2: committee will release its findings about whether or not the 413 00:25:29,840 --> 00:25:33,840 Speaker 2: five nations have violated these kids' rights and what needs 414 00:25:33,880 --> 00:25:38,560 Speaker 2: to happen if they have. The two co councils, Pijan 415 00:25:38,680 --> 00:25:42,639 Speaker 2: and Hausfeld say that these sorts of human rights investigations 416 00:25:42,680 --> 00:25:45,720 Speaker 2: can take a year or more, but they're hopeful that 417 00:25:46,400 --> 00:25:51,520 Speaker 2: given the severity that the climate crisis is already showing, 418 00:25:52,000 --> 00:25:55,520 Speaker 2: that the committee will recognize that this is urgent and 419 00:25:55,560 --> 00:25:57,200 Speaker 2: that they will work faster. 420 00:25:57,680 --> 00:26:01,800 Speaker 3: Okay, that's all super interesting. Thanks Emily keep us posted 421 00:26:01,840 --> 00:26:05,520 Speaker 3: on what happens next. In both these cases, we'll do. 422 00:26:10,880 --> 00:26:13,159 Speaker 1: Okay, that's it for this episode. We'll have a couple 423 00:26:13,160 --> 00:26:16,840 Speaker 1: more bonus episodes for you in December, and then we 424 00:26:16,880 --> 00:26:19,000 Speaker 1: will go dark for a few weeks and bring you 425 00:26:19,040 --> 00:26:22,600 Speaker 1: season three in January. Stay tuned for that and we'll 426 00:26:22,640 --> 00:26:24,160 Speaker 1: see you next time. Thanks a lot. 427 00:26:29,720 --> 00:26:32,560 Speaker 3: Drilled is produced and distributed by Critical Frequency. 428 00:26:33,080 --> 00:26:36,679 Speaker 1: The show was created and reported by me. Our music 429 00:26:36,880 --> 00:26:40,119 Speaker 1: is by Martin Wissenberg. You can find Drilled wherever you 430 00:26:40,160 --> 00:26:42,600 Speaker 1: get your podcasts, and please remember to drop us a 431 00:26:42,680 --> 00:26:43,399 Speaker 1: rating or review. 432 00:26:43,440 --> 00:26:45,120 Speaker 3: It really helps us find new listeners.