The China Mail - Judge weighs court's powers in Trump climate case

USD -
AED 3.673017
AFN 64.497294
ALL 79.681969
AMD 363.314944
ANG 1.790365
AOA 917.000522
ARS 1514.262497
AUD 1.404298
AWG 1.8025
AZN 1.687821
BAM 1.703184
BBD 2.013646
BDT 122.674864
BGN 1.683441
BHD 0.37701
BIF 2995
BMD 1
BND 1.27508
BOB 9.817864
BRL 5.108301
BSD 0.999813
BTN 95.741151
BWP 13.568577
BYN 3.014404
BYR 19600
BZD 2.010772
CAD 1.40375
CDF 2310.000261
CHF 0.821503
CLF 0.024012
CLP 948.119728
CNY 6.695402
CNH 6.69327
COP 3203.64
CRC 447.264035
CUC 1
CUP 26.5
CVE 96.400592
CZK 21.21465
DJF 177.720107
DKK 6.52007
DOP 58.950031
DZD 133.820465
EGP 51.924803
ERN 15
ETB 163.266874
EUR 0.87225
FJD 2.238195
FKP 0.746662
GBP 0.748165
GEL 2.595023
GGP 0.746662
GHS 11.515005
GIP 0.746662
GMD 73.498362
GNF 8755.000487
GTQ 7.630277
GYD 209.132512
HKD 7.84517
HNL 26.838338
HRK 6.571041
HTG 130.669151
HUF 315.530112
IDR 17872
ILS 3.01405
IMP 0.746662
INR 95.76475
IQD 1309.739445
IRR 1374850.000301
ISK 120.529808
JEP 0.746662
JMD 157.569319
JOD 0.709033
JPY 157.280145
KES 129.519961
KGS 87.449503
KHR 4053.999921
KMF 430.000233
KPW 900.000318
KRW 1376.840123
KWD 0.30842
KYD 0.833134
KZT 448.570296
LAK 22430.000569
LBP 89550.000509
LKR 330.474084
LRD 172.849686
LSL 16.25031
LTL 2.95274
LVL 0.60489
LYD 6.355024
MAD 9.546019
MDL 17.560513
MGA 4363.785198
MKD 53.573917
MMK 2099.622693
MNT 3595.947098
MOP 8.079142
MRU 40.059755
MUR 47.659846
MVR 15.460083
MWK 1736.502406
MXN 17.21595
MYR 4.077798
MZN 63.898678
NAD 16.260184
NGN 1330.760006
NIO 36.79288
NOK 9.44125
NPR 153.18619
NZD 1.748845
OMR 0.384497
PAB 0.999726
PEN 3.37493
PGK 4.452592
PHP 62.783012
PKR 277.059879
PLN 3.79075
PYG 5950.431935
QAR 3.654295
RON 4.590201
RSD 102.446032
RUB 83.756436
RWF 1470.6766
SAR 3.755068
SBD 8.000512
SCR 13.932947
SDG 601.490753
SEK 9.82238
SGD 1.275794
SHP 0.747524
SLE 24.650181
SLL 20969.491881
SOS 571.358904
SRD 37.710501
STD 20697.981008
STN 21.335609
SVC 8.747562
SYP 13002.000254
SZL 16.265572
THB 33.275006
TJS 9.222905
TMT 3.51
TND 2.943779
TOP 2.40776
TRY 48.780198
TTD 6.793432
TWD 31.727981
TZS 2639.997971
UAH 44.758256
UGX 3929.235445
UYU 40.171729
UZS 11826.842692
VES 847.4851
VND 26022.5
VUV 117.918556
WST 2.750287
XAF 572.158406
XAG 0.015145
XAU 0.00023
XCD 2.70255
XCG 1.801858
XDR 0.707052
XOF 572.158406
XPF 103.856068
YER 236.550305
ZAR 16.249602
ZMK 9001.199807
ZMW 19.520776
ZWL 321.999592
SSP 5712.013969
MXV 1.951443
  • RBGPF

    -1.6900

    68.3

    -2.47%

  • GSK

    0.8600

    51.08

    +1.68%

  • CMSC

    -0.0400

    20.67

    -0.19%

  • BTI

    -0.0800

    55.75

    -0.14%

  • CMSD

    0.0900

    20.54

    +0.44%

  • RIO

    -0.3300

    97.04

    -0.34%

  • NGG

    -0.1200

    76.68

    -0.16%

  • BCE

    -0.0700

    21.99

    -0.32%

  • BP

    -1.4200

    43.16

    -3.29%

  • RYCEF

    -0.0100

    19.99

    -0.05%

  • RELX

    0.0000

    33.41

    0%

  • AZN

    2.0200

    168.1

    +1.2%

  • BCC

    -0.0300

    75.66

    -0.04%

  • JRI

    -0.0300

    11.52

    -0.26%

  • VOD

    0.0700

    17.02

    +0.41%

Judge weighs court's powers in Trump climate case
Judge weighs court's powers in Trump climate case / Photo: © 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."

O.Tse--ThChM