Remember school house rock and “How a bill becomes a law?” The Saturday morning programming focused on wide-ranging subjects including civics. The video addressed legislation but there is another mechanism to “make law” or at least influence government policy. Individuals and cities or states can seek redress in the courts to force actions of government agencies when they think the agencies are acting in violation of existing laws or constitutional mandates.
The suggestion that human activities, most notably burning fossil fuels, can influence global climate has been around since early in the Nineteenth century. The connection has been strengthened ever since. A landmark decision of the supreme court occurred during George W Bush’s second term in 2007. Several states and cities, led by Massachusetts successfully sued the Environmental Protection Agency to force regulation of Carbon Dioxide and other greenhouse gasses as pollutants.
The case, Massachusetts v EPA turned on the definition of a pollutant. The court ruled that greenhouse gasses are pollutants and therefore should be regulated to protect the environment. This allowed the Obama administration to ramp up efficiency standards for cars and light trucks and to produce the clean power plan which clamped down on carbon emissions from power plants.
President Trump has acted to reverse both of these Obama era regulations. His actions are being contested in the courts, based to a considerable degree on the previous supreme court interpretation of greenhouse gasses as pollutants and the need for their regulation.
Another interesting case is before the court now. This case, Juliana v U.S. is being brought by a group of children ages 11 to 22 against a number of agencies including the EPA, Energy, Interior, and Defense departments. This is literally a children’s crusade for the right of future generations to live in a stable climate.
Apparently, the government will not challenge the scientific consensus that the planet is warming and the climate changing. Nor will they deny human influence on the changes. Rather the government will argue that the claimed harms of weather extremes cannot be reasonably connected to climate change.
The connection between any individual storm event and climate change is a difficult claim to make but let me use a favorite sports analogy. Mark McGuire, a slugger for Oakland and St. Louis, hit home runs both before and after employing anabolic steroids to enhance his performance. Can any one home run be linked to “juicing?” No, of course not. However, both he and Sammy Sosa both broke the previous home run record while juicing.
We are now breaking records for climate disruption while enhancing climate change. The job of the litigation will be to make that connection. If so the court should rule with the children to protect their future.
The children are not asking for damages per se, but rather are asking the judge to order the affected agencies to revamp regulations with the goal of reducing emissions of Carbon Dioxide and other greenhouse gasses to much lower levels than exist today.