Washington Judge Just Dealt a Blow to the Youth-Led Fight Over Climate Change

But there’s still reason for hope: Another similar suit is headed to a federal court.

Youth plaintiffs in a climate change lawsuit marched in Olympia in February. Robin Loznak/ZUMA Wire

Get your news from a source that’s not owned and controlled by oligarchs. Sign up for the free Mother Jones Daily.

In a blow to young climate activists, a Seattle judge dismissed a lawsuit on Tuesday that alleged Washington state had violated children’s rights by failing to protect them from climate change.

King County Superior Court Judge Michael Scott wrote that he hopes the 13 young plaintiffs, who range in age from 8 to 18, won’t be discouraged, but there is no right to a healthy environment and a stable climate system codified in the state constitution, the Associated Press reported

The plaintiffs in the case, Aji P. v. State of Washington, are supported by Our Children’s Trust, a nonprofit legal organization that also supports Juliana v. United States. Similar to the Washington state lawsuit, Juliana argues that the federal government has created an energy system that causes climate change and therefore deprives the youth plaintiffs of their “constitutional rights to life, liberty, and property.” The US Supreme Court last month allowed Juliana to proceed by halting the Trump administration’s application for a stay. Although Aji P.‘s dismissal in Washington marked a setback for the activists, a favorable decision in Juliana has the potential for sprawling nationwide impact.

In dismissing the Washington case, Scott wrote that the plaintiffs’ charges were political questions, which cannot be resolved by a court. The young activists plan to appeal, according to a statement from Andrew Welle​, co-counsel for plaintiffs and staff attorney at Our Children’s Trust, who noted that the US Supreme Court’s recent order in Juliana signals the judiciary “has a duty to resolve constitutional claims of this nature.”

“Given the urgency of climate change and the important constitutional issues involved, the political branches of government cannot be immune from liability for the constitutional climate crisis of their own making,” Welle said. 

BEFORE YOU CLICK AWAY!

December is make or break for us. A full one-third of our annual fundraising comes in this month alone. A strong December means our newsroom is on the beat and reporting at full strength. A weak one means budget cuts and hard choices ahead.

The December 31 deadline is closing in fast. To reach our $400,000 goal, we need readers who’ve never given before to join the ranks of MoJo donors. And we need our steadfast supporters to give again today—any amount.

Managing an independent, nonprofit newsroom is staggeringly hard. There’s no cushion in our budget—no backup revenue, no corporate safety net. We can’t afford to fall short, and we can’t rely on corporations or deep-pocketed interests to fund the fierce, investigative journalism Mother Jones exists to do.

That’s why we need you right now. Please chip in to help close the gap.

BEFORE YOU CLICK AWAY!

December is make or break for us. A full one-third of our annual fundraising comes in this month alone. A strong December means our newsroom is on the beat and reporting at full strength. A weak one means budget cuts and hard choices ahead.

The December 31 deadline is closing in fast. To reach our $400,000 goal, we need readers who’ve never given before to join the ranks of MoJo donors. And we need our steadfast supporters to give again today—any amount.

Managing an independent, nonprofit newsroom is staggeringly hard. There’s no cushion in our budget—no backup revenue, no corporate safety net. We can’t afford to fall short, and we can’t rely on corporations or deep-pocketed interests to fund the fierce, investigative journalism Mother Jones exists to do.

That’s why we need you right now. Please chip in to help close the gap.

We Recommend

Latest

Sign up for our free newsletter

Subscribe to the Mother Jones Daily to have our top stories delivered directly to your inbox.

Get our award-winning magazine

Save big on a full year of investigations, ideas, and insights.

Subscribe

Support our journalism

Help Mother Jones' reporters dig deep with a tax-deductible donation.

Donate