Judge Ann Aiken has turned down on November 10, 2016 a motion to dismiss a lawsuit, filed by the fossil fuel industry and the United States government, related to climate change. The judge's decision virtually gave legal standing to the 21 people ages nine to 20 who filed the case in the U.S. District Court last year, because their constitutional could be in danger. The said motions were also previously denied by Judge Thomas Coffin.
Our Children's Trust said Dr. James E. Hansen, a world-famous climate scientist, is also among the plaintiffs as guardian of his granddaughter and the future generations. The complaint indicated that the affirmative actions of the government have resulted to climate change and has in effect violated the constitutional rights to liberty, life and property not only of the young generation but the future generations as well.
While the actions complained against were committed by the previous administrations and filed by the lawyers of the Our Children's Trust against the administration of Barrack Obama , even President-elect Donald Trump could be included in the court case as a defendant once he assumes office. CNN said the plaintiffs believe that since the climate crisis has remained unchecked by politicians, they should now resort to the courts to force them to take care of planet Earth.
News OK said Obama still has a chance to leave a healthy environment legacy but if he fails to do that then the plaintiffs will be forced to push the case this time against Trump. One of the most interesting arguments raised by the plaintiffs is the fact that global warming will most likely affect children since they will live longer than the adults. However, they could not do anything since they could not yet vote and choose the country's decisions makers.
"Federal courts too often have been cautious and overly deferential in the arena of environmental law, and the world has suffered for it," Aiken said.
