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"Young Americans have the right to be heard by our nation's courts, the branch of our government that has a duty to protect our constitutional right to a livable planet."
Representing a coalition of more than 255 climate justice and other progressive groups as well as more than 50,000 supporters, campaigners on Wednesday digitally delivered a petition demanding the U.S. Department of Justice end its efforts to block a lawsuit filed eight years ago by 21 youth plaintiffs over the harm done to children across the country by the government's continued support for fossil fuels.
The People vs. Fossil Fuels coalition—including Food & Water Watch, Sunrise Movement, and 350.org—delivered the petition to the DOJ and Attorney General Merrick Garland, with coalition steering committee member John Beard saying the young plaintiffs in Juliana v. United States "have the right to be heard by their nation's courts."
"Justice deferred, regardless of age, is justice DENIED," said Beard. "End the DOJ's campaign to deny these youth access to justice."
The case was originally filed in 2015, with the plaintiffs arguing that the U.S. government has not done enough to protect communities from the climate crisis and that its continued support for planet-heating fossil fuel extraction is putting the lives of millions of children in danger.
Since the lawsuit was originally filed, the petition delivered on Wednesday points out, "young people like these 21 young Americans have suffered from increasingly severe climate harms" as their day in court has been "delayed again and again by tactics employed by the Department of Justice to impede or dismiss their case."
"Justice deferred, regardless of age, is justice DENIED. End the DOJ's campaign to deny these youth access to justice."
Since the plaintiffs—now ranging in age from 15 to 26—filed their lawsuit, the U.S. has faced climate-related disasters including a deadly heatwave in the Pacific Northwest, a number of severe hurricanes, and a drought across the western part of the country.
"Young people fear when the next devastating flood, wildfire, drought, heatwave, or other climate disaster will be," said Zanagee Artis, founder and executive director of Zero Hour, who co-delivered the petition with Beard. "It's long past time for the Department of Justice to end its opposition to the Juliana plaintiffs and youth climate justice. Young Americans have the right to be heard by our nation's courts, the branch of our government that has a duty to protect our constitutional right to a livable planet."
The campaigners delivered the petition three weeks after Judge Ann Aiken of the U.S. District Court for the District of Oregon ruled that the plaintiffs can amend their complaint and the case can proceed to trial. In 2018 U.S. the Supreme Court halted to case from going to trial days before it was to commence.
"It is a foundational doctrine that when government conduct catastrophically harms American citizens, the judiciary is constitutionally required to perform its independent role and determine whether the challenged conduct, not exclusively committed to any branch by the Constitution, is unconstitutional," said Aiken in her ruling earlier this month.
Now, "evidence that indisputably proves the federal government's knowing perpetuation of the climate crisis will come to light, in open court, and Judge Aiken will rule whether the U.S. energy system violates the youth's constitutional rights," People vs. Fossil Fuels said Wednesday.
The coalition called on the DOJ to refrain from using an "extreme legal tool" known as a petition for writ of mandamus to delay the case. The Trump administration used the maneuver six times to block legal actions, but the tool is "only intended to be used as an 'extraordinary remedy,'" according to Our Children's Trust, the public interest law firm that represents the plaintiffs in Juliana.
"Tell Attorney General Garland today to end the extreme legacy of the Trump DOJ by not filing an unprecedented SEVENTH petition for writ of mandamus in this case in an attempt to once again delay this trial," said Children's Trust this month, calling the legal tool an "abuse of process."
The petition was delivered on the same day that another case regarding children and fossil fuel energy wrapped up in Montana. Sixteen plaintiffs ranging in age from 5 to 22—also represented by Our Children's Trust—are arguing in that case that the state's continued support for fossil fuel extraction has violated the children's constitutional rights.
People vs. Fossil Fuels urged supporters to write to the DOJ to call on Garland to end the Biden administration's opposition to the case.
"The U.S. District Court has just put the young plaintiffs' case back on a path to trial and the Department of Justice will soon respond," said the coalition. "They can choose to defend the case on its merits at trial—just as they would any other constitutional case—or continue the Trump administration strategy of seeking to block the youth's access to their own courts."
With NYC suffering the world’s worst air quality due to smoke billowing from Canada’s unabated wildfires, there was no way we could gather people to chant and sing.
Thursday afternoon I was scheduled to keynote a climate rally in NYC to hold the fossil fuel industry accountable for our burning planet and soaring energy bills. Despite New York State’s ambitious climate law, the fossil fuel industry is fighting climate action every step of the way. They are refusing to adhere to our climate law’s targets, working to weaken them, and sowing misinformation, all while asking for dramatic rate increases.
So, led by People vs. Fossil Fuels, we decided to take to the streets and highlight the need to enforce our climate law, shut down dirty power plants, and dismantle fossil fuel infrastructure. We planned a forceful but joyful teach-in and art action featuring stickers, screen printing, and a giant story book.
But with the climate crisis causing NYC to suffer the world’s worst air quality due to smoke billowing from Canada’s unabated wildfires, there was no way we could gather people to chant and sing. The danger to our health is too great. We had to cancel. The climate crisis canceled our climate rally.
New York City’s skies are glowing a hazy apocalyptic orange. We now need to wear our masks outdoors too. What else must we experience before waking up to the fact that the climate crisis is upon us, now, in NYC?
While this irony is frustrating, the real tragedy is the ongoing public health emergency that the poor air quality is causing. Pollution and the related health disparities in New York have taken many lives due to Covid-19, disproportionately impacting communities of color. The same people, those with pre-existing conditions, children, the elderly, essential workers who can’t shelter inside—are bearing the brunt of this poor air quality. The same people are paying too much for the very energy that is harming their health. This environmental justice is caused by fossil fuels.
New York City’s skies are glowing a hazy apocalyptic orange. We now need to wear our masks outdoors too. What else must we experience before waking up to the fact that the climate crisis is upon us, now, in NYC?
We have the tools to address this. Our state laws and climate plan demand that we phase out fossil fuels, shut down power plants, downsize fossil fuel infrastructure, and move away from combustion.
We will reschedule our rally and we won’t stop fighting for the plain and simple truth—we need air to breathe, and we won’t survive unless we stop burning fossil fuels.
The president "can stop MVP just like he stopped Keystone XL" and "can reclaim his climate legacy by stopping all new fossil fuel projects."
Progressives descended upon the White House on Thursday to demand that U.S. President Joe Biden use his executive authority to cancel the Mountain Valley Pipeline and declare a climate emergency to expedite the end of the fossil fuel era.
Approval of the Mountain Valley Pipeline (MVP) was fast-tracked last week via the debt ceiling agreement that Biden, eschewing his options for unilateral action, forged with House Republicans who took the global economy hostage. The fracked gas development in Appalachia—pushed hard by the GOP and Sen. Joe Manchin (D-W.Va.), a coal profiteer and Congress' top recipient of Big Oil money—is one of several fossil fuel projects that Biden has the power to stop.
While Biden was inside the White House talking with right-wing United Kingdom Prime Minister Rishi Sunak, hundreds of people gathered outside to remind the president that "he can stop MVP just like he stopped Keystone XL." The rally was organized by People vs. Fossil Fuels, a coalition of more than 1,200 organizations. It marks the start of multiple days of action nationwide.
Many people wore masks due to the hazardous air quality in Washington, D.C. The East Coast's smoke-filled skies are a direct result of climate change-intensified wildfires now spiraling out of control in Canada—a fact that observers were keen to point to as evidence for why Biden should revoke the permits needed to complete MVP and other planet-heating fossil fuel projects.
When asked by a reporter Wednesday if the coalition planned to cancel Thursday's protest as a public health precaution, Fossil Free Media director Jamie Henn said, "No, this is exactly why we have to take these sorts of actions." On Thursday, he added that "we're not going to sit idle as the world burns."
A separate rally scheduled for Thursday in New York City had to be canceled, however, because the record-setting air pollution blanketing the country's most populous metropolitan area in an apocalyptic orange haze poses too great a risk.
"We're fighting for a future," West Virginia resident Maury Johnson said during the demonstration in the nation's capital. "Not one that's filled with smoke."
Climate justice advocates were joined outside the White House by Rep. Rashida Tlaib (D-Mich.). Noting that MVP has nothing to do with raising the nation's debt limit—an arbitrary and arguably unconstitutional cap on federal borrowing the GOP has weaponized to impose its agenda on multiple occasions—the progressive lawmaker denounced the inclusion of the project's approval in the debt ceiling deal.
As The Guardian reported Thursday, "The Mountain Valley Pipeline project has been enmeshed in legal challenges for years due to opposition from grassroots groups and landowners but the deal passed by Congress to raise the U.S. debt ceiling, signed by Biden over the weekend, singles out the pipeline as being 'required in the national interest' and therefore should be allowed to proceed, shielded from any future judicial review."
The approval of MVP comes just months after Biden greenlighted ConocoPhillips' massive Willow oil drilling project in the Alaskan Arctic. Additionally, despite possessing the executive authority to cancel nearly two dozen proposed fracked gas export projects that threaten to generate heat-trapping emissions equivalent to roughly 400 new coal-fired power plants, the Biden administration has moved to increase fracked gas export capacity, especially in the U.S. Gulf Coast, since Russia invaded Ukraine last February. The president has also rubber-stamped more permits for fossil fuel extraction on public lands and waters than his White House predecessor.
The Biden administration has done all of those things despite mounting evidence of the climate emergency's worsening toll and ample warnings from scientists about the incompatibility of expanding fossil fuels and preserving a livable planet. United Nations Secretary-General António Guterres recently told Biden and other wealthy country officials in no uncertain terms that their current climate policies amount to a civilizational "death sentence."
People vs. Fossil Fuels has argued that the president "can reclaim his climate legacy by stopping all new fossil fuel projects."
Thursday's rally outside the White House marks the beginning of what the coalition called "a stampede of distributed actions across the country" from June 8-11.
Participants have four main demands for Biden:
As another alliance of progressive advocacy groups has explained: "The president has a long list of actions that he could take or instruct his agencies to take, ranging from stopping fossil fuel infrastructure approvals to instructing the [U.S. Environmental Protection Agency] to issue a stringent pollution prevention rule for the oil and gas sector. Declaring a climate emergency under the National Emergencies Act would unlock additional statutory powers, including the ability to halt crude oil exports and directing funds to build resilient, distributed renewable energy."
In a statement this week, Zero Hour organizing director Magnolia Mead said that "young people are angry and fed up with watching President Biden cave to the fossil fuel industry time and time again."
"We need an immediate transition to renewable energy to slow the climate crisis, and that's impossible while our president is still approving massive fossil fuel expansion," said Mead. "If President Biden cares at all for future generations and frontline communities, he must choose to end the era of fossil fuels."
What better way to reclaim the radical roots of Earth Day than by simultaneously making the world a more beautiful place.
In this country, there are two centers of power large enough to make a real difference in the global climate fight: the federal government and the financial industry. That’s why our coalitions are focused on these two arenas of contestation. People vs Fossil Fuels is a coalition of more than 1,200 organizations demanding President Biden end fossil fuel expansion. Stop the Money Pipeline is a network of more than 240 groups dedicated to ending Wall Street’s financing of the fossil fuel industry.
Now, for the first time, our coalitions are coming together for a shared project: Peoples’ Earth Week - Climate Justice Arts & Action.
Right now, people all over the country are signing up to receive climate justice movement poster art created by leading artists who are involved in movements for justice. Between April 15th and 25th, activists will use the poster art to organize mass wheat pasting actions, pop-up art shows, and arts-centered direct actions. This Earth Day will be the biggest day of coordinated climate arts-based action.
Peoples’ Earth Week builds on a long history of social movements centering arts and culture. Freedom songs were the soul and lifeblood of the civil rights movement, sung in meetings, at sit-ins, and in jail houses. Poetry played a key role in the fight for women’s liberation in the 1960s, helping to bring countless women into the struggle. In the 1980s, ACT UP brilliantly used graphic arts and direct action to help win changes that saved millions of lives.
This Earth Day will be the biggest day of coordinated climate arts-based action.
As with so many other struggles for liberation, arts and culture are a key front in the fight to end environmental racism, protect Indigenous rights, and rein in the climate crisis. This is never clearer than when art is used as a form of direct action, as the climate movement has done increasingly well in recent years. In San Francisco, activists have shut down the financial district to paint block-long murals. In Seattle, bank branches have been redecorated in the dark of night. In New York, activists have placed thousands of stickers onto Citi-sponsored rent-a-bikes and held “eat the rich” banquets in the doorways of billionaires.
Wheatpasting a poster onto a bank branch or placing a sticker on an ATM may not feel like a direct way to address the climate crisis, but movements are made up of millions of such small actions, actions that taken together chip away at harmful, oppressive systems and help to contribute to a new zeitgeist. We may not have the money to take out million-dollar TV ads, but we have the power to blanket the nation in posters and stickers that shine a light on the White House’s role in greenlighting new oil and gas projects and Wall Street’s financing of those projects.
Of course, activists should be aware that there is some legal risk that comes with wheatpasting, especially if you’re wheatpasting onto a bank or a government building. They should also be aware that the level of risk varies from state to state, and city to city. But no movement has ever won real change without a dedicated base of thousands of people who are willing to take risks great and small. If it were not for the countless thousands who overcame fear and took risks women might still not have the right to vote and segregation might still be the law of the land.
We’ve chosen to focus on Earth Day for this action for a reason. In 1970, an estimated twenty million people took to the streets for the first Earth Day. It was a watershed moment in this nation’s history. Two months later, the Environmental Protection Agency was formed and over the subsequent years a litany of bedrock environmental laws were passed, including the Clean Air Act, the Clean Water Act, and the Endangered Species Act.
Since then, however, Earth Day has too often been co-opted by corporate forces. Major corporations use Earth Day as an opportunity to put out empty statements and greenwashed marketing, even as they continue to fund fossil fuel expansion and exacerbate environmental racism in communities of color. The President of the Wells Fargo Foundation ― the “charitable” arm of the world’s largest funder of fracking ― even sits on the board of the official Earth Day organization.
What better way to reclaim the radical roots of Earth Day than by simultaneously making the world a more beautiful place, and exposing those who are truly responsible for the climate crisis?
A broad coalition of more than 650 climate and progressive advocacy groups Wednesday called on congressional Democratic leaders to reject Sen. Joe Manchin's "alarming" demands for U.S. fossil fuel projects contained in a "dirty" side deal that the West Virginia Democrat secretly negotiated to gain his support for his own party's historic but watered-down package on climate, taxes, and drug price reforms.
"After the IRA paved the way for another decade of fracking and pipelines, we have no choice but to fight this dirty deal with everything we've got."
"We are writing to express our strenuous opposition to any additional fossil fuel giveaways," states the coalition's letter to Senate Majority Leader Chuck Schumer (D-N.Y.) and House Speaker Nancy Pelosi (D-Calif.), noting that the Inflation Reduction Act (IRA) signed by President Joe Biden last week "already included large giveaways to polluters."
"We call on you to unequivocally reject any effort to promote fossil fuels, advance unproven technologies, and weaken our core environmental laws," the letter adds. "You must stand with the communities who continue to bear the brunt of harm from fossil fuels and act to prevent wholesale climate disaster."
According to a leaked one-page summary of what critics have called "the ultimate devil's bargain," the proposal would prioritize approval of projects with "strategic national importance," set time restrictions for reviewing permits, alter federal water rules, limit lawsuits, and increase federal authority for certain facilities. Manchin is also pushing for the completion of the Mountain Valley Pipeline (MVP), a fracked gas project that runs through his home state but is opposed by many of his constituents.
"This fossil fuel wish list is a cruel and direct attack on environmental justice communities and the climate," the new letter argues. "Prolonging the fossil fuel era perpetuates environmental racism, is wildly out of step with climate science, and hamstrings our nation's ability to avert a climate disaster. Supporting this legislation would represent a profound betrayal of frontline communities and constituents across the country who have called on you to prevent the multitude of harms of fossil fuels and advance a just, renewable energy future."
The groups--including the Center for Popular Democracy, Climate Justice Alliance, Green New Deal Network, Indivisible, Oil Change International, MoveOn, NAACP, Oxfam America, People's Action, Public Citizen, Sierra Club, and Sunrise Movement--are demanding "bold congressional action to address the existential threat of climate chaos."
Such action "requires limiting the production of oil, gas, and coal, which are responsible for 85% of greenhouse emissions and are the root driver of the climate crisis," the letter states. "Relying only on large-scale investments in renewable energy and environmental justice alone will not stave off climate disaster if Congress simultaneously puts its legislative foot on the gas to expand fossil fuel production and false solutions like carbon capture, hydrogen, biomass, biofuels, factory farm gas, and nuclear power."
The letter acknowledges that Manchin wants to tie his dirty deal--which is already facing opposition from some progressives in the House--to legislation to fund the federal government after the end of next month. The right-wing Democrat has even threatened a government shutdown if members of both parties don't back his proposal.
The coalition's letter charges that "tethering this legislation to any must-pass legislation including a continuing resolution to fund the federal government is morally abhorrent. Holding the funding of the entire federal government hostage to satiate one senator with a heavy financial self-interest in fossil fuels is beyond irresponsible."
"Sacrificing the health and prosperity of communities in Appalachia, the Gulf Coast, Alaska, the Midwest, the Southwest, and other frontline communities around the country makes this side-deal profoundly disgraceful," the documents adds. "Our communities and our collective future require the political courage to stop the fossil fuel stranglehold once and for all."
Representatives of groups that signed the letter echoed its urgent tone.
"This dirty side deal is nothing short of a wholesale giveaway to the fossil fuel industry to the detriment of frontline communities, tribal nations, and Mother Earth," said Joye Braun, national pipelines organizer of the Indigenous Environmental Network. "The world is on fire and negotiating the amount of fuel for those flames is not acceptable. Congress needs to understand that there is no compromise when it comes to protecting the next seven generations of life and beyond."
According to Brett Hartl, government affairs director at the Center for Biological Diversity, "it's atrocious that Congress is even considering dismantling bedrock environmental protections just to please one senator." He called the effort a "poisonous plan" that "must be stopped."
"The grassroots climate movement is fired up to stop this fossil fuel expansion deal, and the sit-ins at Sen. Schumer and Murray's offices last week are just the beginning."
The letter follows protests against the deal and resulting arrests last week at the offices of both Schumer and Sen. Patty Murray (D-Wash.), the party's third-ranked member in the Senate.
Thomas Meyer, national organizing manager at Food & Water Watch, told Common Dreams that "Manchin and Schumer are in for a rude awakening if they thought they could slip this deal through without a fuss."
"The grassroots climate movement is fired up to stop this fossil fuel expansion deal, and the sit-ins at Sen. Schumer and Murray's offices last week are just the beginning," Meyer added. "After the IRA paved the way for another decade of fracking and pipelines, we have no choice but to fight this dirty deal with everything we've got."
The Stop MVP and People vs. Fossil Fuels coalitions are planning a public demonstration against Manchin's deal in the nation's capital next month. "No Sacrifice Zones: Appalachian Resistance Comes to D.C." is set to kick off at 5:00 pm local time on September 8 at the Robert A. Taft Memorial and Carillon.
"We are done being sacrifice zones, and we must stop this bill and MVP!" organizers said in a statement Tuesday. "We want to build community between intersectional Appalachian resistance organizations and have their voices heard! We must protect bedrock environmental laws and public input. We are in solidarity with all frontlines of the climate crisis."
The Federal Energy Regulatory Commission (FERC) on Tuesday granted MVP's request to extend its certificate of public convenience and necessity by four years--a move that Russell Chisholm of the Protect Our Water, Heritage, Rights (POWHR) Coalition said "emphasizes the brutal length and uncertainty of the project."
"This project should never be built and this decision subjects our communities to prolonged harm," he added. "That's why tens of thousands of people submitted comments to stop FERC from granting this extension. Now we're taking our growing movement to D.C. to demand decision-makers stop MVP and all pro-fossil fuel legislation."